Formaldehyde in Cosmetics Rulemaking
Comment on the proposed rule and rulemaking documents
Feb. 6, 2025, 12 a.m. - April 11, 2025, 11:59 p.m. PT
We invite you to comment on the proposed rule and documents related to the rulemaking to develop Cosmetic Product Restrictions (Chapter 173-339 WAC).
Documents available for review
Provide comments on the following documents:
- Proposed rule: Draft restrictions on intentionally added formaldehyde and formaldehyde releasers.
- Preliminary Regulatory Analyses: Explains potential costs and benefits of the proposed rule.
- Draft Implementation Plan: Describes rulemaking and other efforts to make cosmetic products safer and to protect Washington residents, particularly people with higher toxic exposures.
- Draft SEPA Determination of Nonsignificance and Environmental Checklist: Describes potential environmental benefits of the proposed rule.
Tips for feedback
For more information, please visit our commenting tips page.
Information provided in a comment or attachment may be posted on the internet. To request information in another language, contact Shari Franjevic at ToxicFreeCosmetics@ecy.wa.gov by March 19, 2025.
How to submit comments
Submit comments starting Feb. 6, 2025, at 12:00 a.m. PDT until Apr. 11, 2025, at 11:59 p.m. PDT in the following ways:
- Submit comments online
- Mail comments to Stacey Callaway, WA Department of Ecology, PO Box 47600, Olympia, WA 98504-7600. Submissions must be postmarked by April 11, 2025
- Submit verbal comments at an online public hearing. We are holding two:
- March 31, 2025 at 10:00 a.m. via Zoom. Register for the March 31 hearing
- April 1, 2025 at 5:30 p.m. via Zoom. Register for the April 1 hearing
Online public hearings: March 31 and April 1
We’re hosting public hearings to share information about the proposed rule and rulemaking documents. We’ll answer questions and record testimony. The hearing will stay open until all attendees have the opportunity to provide testimony.
Next steps
After the comment period, we’ll use comments to improve the proposed rule and rulemaking documents. We’ll also create a document called a Concise Explanatory Statement that includes all comments and our responses to comments. We expect to decide on rule adoption by Sept. 2025.
Background
In 2023, Washington Legislature passed the Toxic-Free Cosmetics Act (Chapter 70A.560 RCW) to improve cosmetic and personal care product safety and protect Washington’s residents and environment from toxic chemicals.
In May 2024, we announced a rulemaking to develop Cosmetic Product Restrictions (Chapter 173-339 WAC) to identify chemicals used in cosmetic products that release formaldehyde and adopt restrictions on those chemicals. Cosmetic products such as makeup, perfume, shampoo, lotion, deodorant, shaving cream, and toothpaste can contain chemicals that are toxic to people and the environment. Some chemicals used in cosmetic products release formaldehyde, which exposes people to the chemical when they use the product. Formaldehyde can cause cancer, harm brain function, increase the risk of asthma, and irritate eyes and skin.
Learn more:
Comment online
- Use our online comment form
Comment by mail
Washington State Department of Ecology
PO Box 47600
Olympia, WA 98504-7696
Questions
Toxic-Free Cosmetics Act Implementation Planner
shari.franjevic@ecy.wa.gov
360-338-2913
To request ADA accommodation, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831, 711 (relay service), or 877-833-6341 (TTY). More about our accessibility services.