Which rules apply to make-up?

Banned

• Makes a drug claim (for example sunscreen or anti-dandruff): no

Depends on: otc drug claim

In force since 1 Jan 2025

Applies to products sold on or after 1 Jan 2025

Cosmetics listed in subd. 5(a)(4); electronic or internal components excluded by subd. 5(b)

Notification to Persons who sell or offer for sale the product, and the commissioner (list of names and addresses)

Notify sellers that sale of a product prohibited under subdivision 2 or 5 is prohibited in Minnesota and give the commissioner the list of those notified

• Makes a drug claim (for example sunscreen or anti-dandruff): no

Depends on: otc drug claim

In force since 1 Jan 2025

Applies to products sold on or after 1 Jan 2025

Subdivision 4 states no commencement date; it serves the subdivision 5(a) prohibition that applies from 2025-01-01 (in force no later than 2025-01-01, the date of the version ClaraDB holds).

Notification to Minnesota Pollution Control Agency (commissioner)

Product information for a product sold, offered or distributed in the state that contains intentionally added PFAS, submitted on or before January 1, 2026, and for each new product thereafter

• It was manufactured after July 1, 2023

In force since 1 Jan 2026

Applies to products sold on or after 1 Jan 2026

Subd. 2(a) as amended by Laws 2026, ch. 127, art. 14, s. 4 (effective the day after enactment): the duty reaches a manufacturer of a product manufactured after July 1, 2023, sold, offered for sale or distributed in the state, that contains intentionally added PFAS. Due date 2026-01-01 is as printed in the amended text; the Revisor statute page had not yet incorporated the amendment on 2026-10-27.

Join a registered producer responsibility organization (PRO) for the product's packaging

Registration required

Packaging EPR: after July 1, 2025 a producer must be a member of a producer responsibility organization registered in Minnesota (115A.1448 subd. 1(a)); after January 1, 2029 no producer may introduce covered materials, separately or used to package another product, without a written agreement with a PRO operating under an approved stewardship plan (subd. 1(b)); the producer implements the plan and pays producer fees (subd. 2)

• Your total gross revenue in the most recent year at least 2000000 USD
• Packaging you supplied into Minnesota last year at least 1 tons
• You are the producer of the packaging under Minn. Stat. 115A.1441 subd. 26 (the brand-owning manufacturer, licensee, brand owner, or US importer of record of the item; for e-commerce shipping packaging, the person who packs the shipment), and you are not a de minimis producer (subd. 13: less than one ton of covered material into Minnesota, or global gross revenues under $2,000,000, in the most recent fiscal year)

Depends on: annual gross revenue usd, packaging tons mn

In force since 2 Jul 2025

Applies to products sold on or after 2 Jul 2025

PRO membership after July 1, 2025 (115A.1448 subd. 1(a)); stewardship-plan agreement required after January 1, 2029 (subd. 1(b)); covered materials must be reusable, refillable or on the recyclable/compostable list after January 1, 2032 (subd. 1(c)).

The product's packaging (and its inks, dyes, pigments, adhesives) has no intentionally added lead, cadmium, mercury or hexavalent chromium, and the four together are at most 100 ppm

Must meet the conditions of Toxics in packaging: no manufacturer or distributor may sell or offer for sale in Minnesota packaging, or a product contained in packaging, whose packaging or its inks, dyes, pigments, adhesives, stabilizers or other additives contain intentionally introduced lead, cadmium, mercury or hexavalent chromium (subd. 1(a)); the total concentration of the four in any packaging must not exceed 100 parts per million by weight (subd. 2(3)). "Distributor" includes the person who imports the packaging into the state (subd. 1(b)(1))

Every product in the category

In force since 1 Aug 1993

Applies to products sold on or after 1 Aug 1993

Subd. 1(a): not later than August 1, 1993; the 100 ppm total applies from August 1, 1995 (subd. 2(3)).

The product, and any flame-retardant part of it, contains no more than 0.1 percent pentabromodiphenyl ether or octabromodiphenyl ether by mass

Must meet the conditions of PBDE flame retardants: beginning January 1, 2008, a person may not manufacture, process, or distribute in commerce in Minnesota a product or flame-retardant part of a product containing more than one-tenth of one percent of pentaBDE or octaBDE by mass (subd. 1)

Every product in the category

In force since 1 Jan 2008

Applies to products sold on or after 1 Jan 2008

Stated: “beginning January 1, 2008” (subd. 1); retailers holding stock on that date may exhaust it (subd. 2).

A covered product (including pots and pans; cups, bowls and other food containers; cosmetics and personal care products) contains no more than 90 ppm lead and 75 ppm cadmium by total weight

Must meet the conditions of Lead and cadmium: a person must not import, manufacture, sell, hold for sale, or distribute or offer for use in Minnesota any covered product containing lead at more than 0.009 percent (90 ppm) or cadmium at more than 0.0075 percent (75 ppm) by total weight (subd. 2(a)); covered products include pots and pans, cups, bowls and other food containers, and cosmetics and personal care products (subd. 1(b))

Every product in the category

In force since 1 Jul 2023

Applies to products sold on or after 1 Jul 2023

Added by Laws 2023, ch. 60, art. 3, s. 24, which states no effective date; ch. 60 has appropriation items and was signed May 24, 2023, so Minn. Stat. 645.02 makes it effective July 1, 2023. Lead-only-in-internal-solder products may be sold until July 1, 2028 if the manufacturer reports biennially (subd. 2(b)(2)).

Environmental marketing claims for a product sold in Minnesota, or for its packaging, conform to the FTC Green Guides (16 CFR 260)

Must meet the conditions of Minn. Stat. 325E.41 subd. 1(a): environmental marketing claims made by a manufacturer, packager, wholesaler, or retailer for a product sold or offered for sale or distribution in Minnesota, including claims about its packaging, must conform to the standards or be consistent with the examples in 16 CFR part 260 (Guides for the Use of Environmental Marketing Claims) for general environmental benefit claims, degradable, compostable, recyclable and recycled-content claims, and source reduction, refillability and ozone-safety claims. (b): only claims made in an attempt to influence end users' purchasing decisions. Subd. 2: violations carry the penalties and remedies of section 8.31.

• Claim: eco-friendly or sustainable or carbon neutral or recyclable or biodegradable or compostable or degradable
• You make an environmental marketing claim for the product or its packaging (general environmental benefit, degradable, compostable, recyclable, recycled content, source reduction, refillability or ozone safety) in an attempt to influence end users' purchasing decisions (Minn. Stat. 325E.41 subd. 1)

In force, start date unknown

Enacted by Laws 1996 c 359 s 2 (History line); the section states no start date, and the date shown is the general August 1 effective date for Minnesota laws, a proxy.

A Minnesota consumer sale “as is” or “with all faults” disclaims the implied warranties only with a conspicuous writing, given before the sale, that says so and that the whole risk of quality and performance is the buyer's

Disclosure to buyer

Minn. Stat. 325G.18 subd. 1: every consumer sale in Minnesota carries an implied warranty of merchantability (and of fitness where the seller knows the buyer relies on it for a particular purpose) unless disclaimed as subd. 2 prescribes. Subd. 2: an “as is” or “with all faults” sale disclaims them only if a conspicuous writing clearly informs the buyer, before the sale, in simple and concise language that (1) the goods are being sold on an “as is” or “with all faults” basis and (2) the entire risk as to quality and performance is with the buyer; a mail order catalog may carry the writing.

• It is a consumer sale: new goods, or goods under an express warranty, bought mainly for personal, family or household use (Minn. Stat. 325G.17 subd. 2)
• You choose to sell it on an “as is” or “with all faults” basis in a Minnesota consumer sale (Minn. Stat. 325G.18 subd. 2)

In force, start date unknown

Enacted by Laws 1973 c 692 (History line); the sections state no start date, and the date shown is the general August 1 effective date for 1973 Minnesota laws, a proxy.

Whoever gives a written express warranty in a Minnesota consumer sale honors its terms and does not use it to disclaim the implied warranties of merchantability or fitness

Must meet the conditions of Minn. Stat. 325G.19 subd. 1: no express warranty arising out of a consumer sale of new goods may disclaim the implied warranties of merchantability or, where applicable, of fitness; subd. 2: the maker of an express warranty arising out of a consumer sale in Minnesota must honor its terms (the manufacturer, distributor or retail seller each honors its own); subd. 3: a manufacturer that authorizes a Minnesota retailer to do warranty service pays the retailer its normal retail rate. Express warranty (325G.17 subd. 5): a written statement in a consumer sale undertaking to preserve or maintain the goods' utility or performance or to compensate or replace on failure. Violations are treated as violations of 325F.69 (325G.20).

• It is a consumer sale: new goods, or goods under an express warranty, bought mainly for personal, family or household use (Minn. Stat. 325G.17 subd. 2)
• You make an express warranty (a written statement undertaking to preserve or maintain the goods' utility or performance, or to compensate or replace them; Minn. Stat. 325G.17 subd. 5) in a consumer sale in Minnesota

In force, start date unknown

Enacted by Laws 1973 c 692 (History line); the sections state no start date, and the date shown is the general August 1 effective date for 1973 Minnesota laws, a proxy.