Chapter 173-339 WAC – Cosmetic Products Restrictions (Formaldehyde in Cosmetics)
On Aug. 28, 2025, Ecology adopted a new rule, Chapter 173-339 WAC: Cosmetic Products Restrictions. This new chapter restricts the manufacture, sale, and distribution of cosmetic products in Washington State that contain intentionally added formaldehyde releasers.
Formaldehyde can cause cancer, respiratory problems such as asthma, allergic skin responses, and irritation of and damage to eyes and skin. Restricting these chemicals will reduce exposure to formaldehyde for people who use cosmetic products.
The adopted rule:
- Includes a list of 25 formaldehyde releasers that are restricted by rule when intentionally added to cosmetic products. This list will help manufacturers investigate their supply chain and formulate products without chemicals that release formaldehyde.
- Defines “intentionally added” to clarify restrictions on toxic chemicals in the Toxic-Free Cosmetics Act (RCW 70A.560.020). Applying the definition of “intentionally added” to the statutory restriction on formaldehyde restricts all chemicals that release formaldehyde when the formaldehyde serves a function.
The restrictions in the rule and in the Toxic-Free Cosmetics Act:
- Affect cosmetics manufacturers, distributors, retailers, and cosmetology businesses operating in Washington State.
- Apply to cosmetic products used in services, sold online, and sold in physical stores.
Key dates
- Aug. 28, 2025: Rule adopted
- Sept. 28, 2025: Rule takes effect
- Jan. 1, 2027: Restrictions in rule take effect
- Dec. 31, 2027: Deadline for in-state retailers to sell existing stock
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
May 22, 2024
Announcement documents
Rule development phase
June 2024 – Oct. 2024Public input & involvement
Events and informational webinars
Date | Event | Presentation materials |
---|---|---|
July 23, 2024 – 9 a.m. | Online webinar | July 23 webinar presentation |
June 11, 2024 – 9 a.m. | Online webinar | June 11 webinar presentation |
Informal public comment period
Informal public comment period: May 22, 2024 (9:00 a.m.) to Aug. 13, 2024 (11:59 p.m.).
Preliminary draft rule
Rule proposal phase (CR-102)
Feb. 6, 2025
- Proposal notice: CR-102 form.
- Proposed rule. Draft restrictions on intentionally added formaldehyde and formaldehyde releasers.
- Draft Implementation Plan: Cosmetics Efforts. Describes rulemaking and other efforts to make cosmetic products safer and to protect Washington residents, particularly people with higher toxic exposures.
- Preliminary Regulatory Analyses. Explains potential costs and benefits of the proposed rule.
- Draft SEPA Determination of Nonsignificance and Environmental Checklist. Describes potential environmental benefits of the proposed rule.
- Overview: Formaldehyde in Cosmetics Formal Draft Rule. Learn about the rulemaking.
- Proposed Formaldehyde Releasers Technical Support. Learn how we developed the list of formaldehyde releasers.
Comment period
The public comment period closed on April 11, 2025, at 11:59 p.m. You can review comments submitted during the formal comment period.
Public hearings
Date |
Event |
Testimonies |
Presentation materials |
March 31, 2025, at 10:00 a.m. PT |
Online public hearing |
||
April 1, 2025, at 5:30 p.m. PT |
Online public hearing |
We held public hearings via webinar on March. 31 and April 1, 2025. During the public hearings, we presented an overview of the proposed rule, answered questions, and held the formal hearing to record verbal testimony.
Rule adoption phase (CR-103)
Aug. 28, 2025
Sept. 28, 2025
- Adoption Notice: CR-103 form
- Adopted rule
- Final Regulatory Analyses
- Concise Explanatory Statement
- Cosmetics Implementation Plan
- Environmental Justice Assessment
- SEPA Determination of Nonsignificance and Environmental Checklist
For more information, go to:
- Overview: Formaldehyde in Cosmetics Rulemaking to learn about the rulemaking.
- Formaldehyde Releasers Technical Support to learn how we developed the list of formaldehyde releasers.
Other rulemaking for cosmetic products
We’re conducting a separate rulemaking to identify a feasible approach to regulating lead impurities in cosmetic products. For more information, visit the Lead in Cosmetics Rulemaking webpage.
Related links
Contact information
Stacey Callaway
Rulemaking Lead
ToxicFreeCosmetics@ecy.wa.gov
360-584-5661
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Accessibility
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.