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

Timeline

Announcement phase (CR-101)

Filing date:
May 22, 2024


Announcement documents

Rule development phase

June 2024 – Oct. 2024

Public 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)

Filing date:
Feb. 6, 2025

Rule proposal documents:

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

Testimonies: March 31

March 31 presentation slides

April 1, 2025, at 5:30 p.m. PT

Online public hearing

Testimonies:  April 1

April 1 presentation slides

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)

Adoption date:
Aug. 28, 2025


Rule effective date:
Sept. 28, 2025


Rule adoption documents:

For more information, go to:

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.

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean) русский (Russian) український (Ukrainian)

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.