Chapter 173-339 WAC – Cosmetic Products Restrictions (Formaldehyde in Cosmetics)
We’re proposing restrictions to make cosmetic products safer and we need your feedback.
Our proposed rule—Chapter 173-339 WAC—restricts formaldehyde and formaldehyde releasers intentionally used in cosmetic products. Formaldehyde can cause cancer, harm brain function, increase the risk of asthma, and irritate eyes and skin.
We included 28 formaldehyde releasers to help manufacturers avoid using chemicals that release formaldehyde. This will make cosmetic products safer by reducing exposures to formaldehyde.
We defined “intentionally added” to clarify restrictions on the toxic chemicals in the Toxic-Free Cosmetics Act (RCW 70A.560.020).
The restrictions in the proposed rule and in the Toxic-Free Cosmetics Act:
- Affect cosmetics manufacturers, distributers, retailers, and cosmetology businesses operating in Washington State.
- Apply to cosmetic products used in services, sold online, and sold in brick-and-mortar stores.
If adopted, the restrictions would take effect on January 1, 2027.
The proposed rule doesn’t include a restriction on lead or lead impurities. 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.
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.
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.
Comment period
Comments due April 11, 2025.
You can inform the final rule and rulemaking documents by submitting comments in the following ways:
- Submit comments online starting Feb. 6, 2025, at 12:00 a.m. until April 11, 2025, at 11:59 p.m.
- 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. You are welcome to attend both.
Public hearings
|
Date |
Event |
Presentation materials |
|
Monday, March 31, 2025, at 10:00 a.m. PT |
Register for the online public hearing |
Coming soon |
|
Tuesday, April 1, 2025, at 5:30 p.m. PT |
Register for the online public hearing |
Coming soon |
We’re hosting public hearings to share information about the proposed rule, answer attendees’ questions, and record testimony. The hearing will conclude once attendees who want to provide testimony have the opportunity to do so. Written comments receive the same consideration as verbal testimony.
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 or Ecology’s ADA Coordinator at:
- Phone: 360-407-6831 (voice).
- TTY: 877-833-6341 or 711 relay service.
- Email:ecyadacoordinator@ecy.wa.gov.
Next steps
After the comment period, we will review comments, revise the proposed rule as needed, and respond to comments. We expect to decide on rule adoption by Sept. 2025.
Related links
Contact information
Stacey Callaway
Rulemaking Lead
ToxicFreeCosmetics@ecy.wa.gov
360-584-5661
Stay informed
Sign up for email updates about this rulemaking
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.