Toxic-Free Cosmetics Act (TFCA)

People can be exposed to chemicals in cosmetics through daily use. Chemicals restricted by TFCA are linked to many health concerns, such as:

• Cancer
• Hormone disruption
• Reproductive and developmental toxicity

People are not exposed equally to toxic chemicals in cosmetics. Based on our reports (Chemicals in Cosmetics Report #1 and Chemicals in Cosmetics Report #2), people of color are often exposed to hazardous chemicals more frequently and at higher levels.

The highest rates of exposure are experienced by:

• Women of color, especially Black women and women with dark skin
• Professional cosmetologists

Some cosmetics are more likely to contain hazardous chemicals than others, and some people use certain cosmetics more often than others.

We also know that children are vulnerable to toxic chemicals because of their smaller, developing bodies, and tendency to put their hands in their mouths, which increases the likelihood of exposure.

When products that contain toxic chemicals are used or discarded — down the drain, in the trash — they often end up in water, soil, or air. While a single product with toxic chemicals may not cause widespread harm on its own, the combined releases from many products and many chemicals contribute to significant environmental pollution.

The definition of intentionally added takes effect Jan. 1, 2027. Because TFCA doesn’t define the term “intentionally added,” we defined it through the Cosmetic Products Restrictions Rule (Chapter 173-339 WAC). 

An "intentionally added chemical" or "intentionally added" is a chemical that serves an intended function in the cosmetic product or an ingredient in the cosmetic product.

Once the definition of "intentionally added" goes into effect, some chemicals that are currently not required by the Federal Drug Administration (FDA) to be listed on the label will meet the definition of “intentionally added” because they serve an intended function in an ingredient.

Examples include:

• Chemicals in fragrance formulations (e.g., fragrance fixatives)
• Preservatives added to raw materials

Note: TFCA doesn’t apply to chemicals in product packaging or FDA-regulated drug ingredients.

The following formaldehyde releasers are restricted (WAC 173-339-110):

• The 25 listed below are restricted when intentionally added to a cosmetic. This includes aliases of the chemical name and aliases of the CAS RN.
• All other formaldehyde releasers are restricted in a cosmetic when the formaldehyde functions as an antimicrobial, preservative, denaturant, cross linker, or serves another purpose

List of restricted formaldehyde releasers

Formaldehyde releasers are chemicals that release formaldehyde over time. Formaldehyde is known to impact human health, potentially causing:

• Cancer.
• Respiratory problems, like asthma.
• Allergic skin responses.
• Irritation of and damage to eyes and skin.

Formaldehyde and formaldehyde releasers are primarily used in cosmetics as preservatives or hair-smoothing agents. Hair-smoothing treatments are concerning because they contain formaldehyde or formaldehyde releasers at higher concentrations and are often heated up. The heat releases formaldehyde into the air where it can be inhaled.

These chemicals are particularly concerning for cosmetologists, their clients, and other people who use these cosmetics frequently. Read our Formaldehyde & Formaldehyde Releaser: Chemical Facts for Cosmetologists for more information.

We issued an Interim Policy on Lead in Cosmetics (publication 24-04-036) for manufacturers unable to meet the current statutory lead restrictions. The policy still requires manufacturers to work toward the lowest lead levels possible while we research feasible approaches to this regulation.

The interim policy provides manufacturers with alternative paths to compliance for cosmetics that are unable to consistently achieve the 1 ppm lead restriction. Certain cosmetics can be more difficult for manufacturers to comply with the 1 ppm restriction because:

• Lead is a naturally occurring metal that is often found in higher concentrations in mineral-based ingredients, such as clay.
• Certain cosmetics that contain mineral-based ingredients will often have higher levels of lead due to the natural occurrence of lead in those mineral-based ingredients.

Our goal is to reduce lead in cosmetics to the lowest level possible because lead is:

• A potent neurotoxicant, which means it can harm the brain.
• Especially harmful to brain development, particularly in children.

The interim policy will remain in place until we adopt a rule or rescind the policy.

Are you a manufacturer?
Learn more about how to comply with the interim policy on lead in cosmetics.

2026

• Fall 2026: We’re collecting data on lead levels in color cosmetics and clay masks from 10 manufacturers that were randomly selected from those using Option 2 of the interim policy.
• Aug. 2026: We revised the Interim Policy on Lead in Cosmetics to remain in effect until we adopt a rule or rescind the policy. We also updated ongoing eligibility requirements for manufacturers under Option 2.

2025

• Aug. 2025: We completed the Formaldehyde in Cosmetics Rulemaking and adopted the Cosmetic Products Restrictions Rule (Chapter 173-339 WAC).
• Feb. 2025: We proposed the formal draft rule for the Formaldehyde in Cosmetics Rulemaking and conducted a formal comment period from Feb. 6 – April 11, 2025.

2024

• Dec. 2024: We announced the Lead in Cosmetics Rulemaking to identify a feasible approach to regulating lead in cosmetics, including potentially adopting a different limit on lead impurities than the statutory limit of 1 part per million (ppm). We also issued the Interim Policy on Lead in Cosmetics for manufacturers unable to consistently achieve the current statutory lead limit.
• May 2024: We announced the Formaldehyde in Cosmetics Rulemaking to identify and restrict chemicals that release formaldehyde and published the Chemicals in Cosmetics Used by Washington Residents: Phase Two Results.

2023

• April 2023: Toxic-Free Cosmetics Act (TFCA) (Chapter 70A.560 RCW) was passed into law.
• Jan. 2023: We published Chemicals in Cosmetics Used by Washington Residents in response to the Legislature’s 2022 proviso. This report shows the presence of heavy metals, formaldehyde, ortho-phthalates, asbestos, and other chemicals found in cosmetics that Washington residents reported frequently using and those intended for children.

2022

• March 2022: The Legislature passed a proviso that directed us to collaborate with the Department of Health to identify what cosmetics are used by Washington residents of color.

The law defines a cosmetic the same way as the Food and Drug Administration (FDA) does, which is anything intended to be used on the human body (rubbed, poured, sprinkled, sprayed, etc.) for the purpose of any of the following:

• Cleansing.
• Beautifying.
• Promoting attractiveness.
• Altering the appearance.

The definition also includes components (ingredients) of the above. Examples include shampoo, lotion, body wash, deodorant, nail polish, and makeup.

The following products are not considered cosmetics, and therefore are not regulated under TFCA:

• Soaps.
• Prescription drugs.
• Over-the-counter medications, such as vitamins and mineral tablets.

For cosmetics (such as sunscreens) that include an active ingredient not regulated under TFCA (e.g., an FDA-regulated drug ingredient), the other ingredients must still meet all the requirements under TFCA.

We encourage businesses that must comply with TFCA to review the following:

• TFCA Compliance webpage
• TFCA Guidance for Cosmetologists webpage
• TFCA Guide: Restrictions for Cosmetic Industry & Sellers

Manufacturers of any size can also apply for the Safer Products Certification Subsidy to assist with reformulation and product certification.

Are you a small business?
We provide funding and technical assistance for small businesses (less than 50 employees) through the Small Cosmetics Manufacturer Certification Subsidy and other resources. Contact us for more information.

Need help?
Email us with questions or if you need technical assistance at ToxicFreeCosmetics@ecy.wa.gov.

Buy cosmetics in Washington. While there's no guarantee all cosmetics sold will be compliant, TFCA’s purpose is to ensure cosmetics sold in Washington don’t contain restricted chemicals. Go to our Shopping for safer products webpage to learn more tips on how to shop for safer products.

Read these helpful guides

• Take the Detective Work Out of Choosing Safer Cosmetics
• Chemical Facts for Cosmetologists: Formaldehyde & Formaldehyde Releasers
• Reduce Your Exposure to Harmful Chemicals in Self-Care Products

Watch these TikTok videos

• Buy certified products
• Tips to reduce your exposure to formaldehyde
• Reducing toxic chemicals in your self-care routine
• What's TFCA? Get ready with me

The law directed us, in consultation with the Washington Department of Health, to assess the hazards of chemicals with the same or similar function as the restricted chemicals. The law also specified that we prioritize chemicals that impact overburdened communities and make the results public.

In the spring of 2024, we assessed 10 chemicals that serve the preservative function. Our assessments demonstrate that these 10 chemicals are safer than the preservatives restricted under TFCA. This information can be used by businesses to support the formulation of safer products. The information can also be used to advocate for and purchase safer cosmetics products.

The assessment reports are available on the Interstate Chemicals Clearinghouse Chemical Hazard Assessment Database or you can go directly to the report for each chemical listed below:

Why focus on preservatives?

​​​​​We chose to focus our assessments on preservatives used in hair care products since some hair care products, like leave-in conditioners, hair smoothing treatments, hair styling gels, and hair sprays are used more frequently by people of color. Preservatives are used in these products to prevent the growth of harmful bacteria and mold. Four of the nine chemicals and chemical classes restricted by TFCA can be used as preservatives. Read our Chemicals in Cosmetics Used by Washington Residents and Chemicals in Cosmetics Used by Washington Residents: Phase Two Results reports for more information.

Additional chemicals and functions will be assessed as funding allows.