We’ve started TFCA rulemaking (Chapter 173-339)to add a new chapter to the existing TFCA rule (Chapter 70A.560 RCW). Learn more about the expected timeline and other ways to get involved.
In 2023, Washington Legislature passed the Toxic-Free Cosmetics Act (TFCA) (Chapter 70A.560 RCW) to improve cosmetic and personal care product safety and protect Washington’s residents and environment from toxic chemicals.
Many chemicals used in cosmetic products are linked to harmful impacts on health, such as cancer, hormone disruption, and reproductive and developmental toxicity. The highest exposure occurs when an individual uses a product that contains toxic chemicals.
These chemicals also cause widespread impacts to the environment and public health throughout the product life cycle, such as when they are washed down the drain or thrown in the trash and enter the environment, causing further impacts to human health and wildlife.
In accordance with the HEAL Act, we will prioritize technical and financial assistance to communities facing disproportionate impacts from environmental harms or where there is the potential to reduce exposure inequity.
As of Jan. 1, 2025, TFCA restricts nine toxic chemicals and chemical classes from cosmetic products made, distributed, or sold in Washington. For in-state retailers, restrictions on existing stock take effect Jan. 1, 2026.
* Chemicals that we determine release formaldehyde will be decided through rulemaking.
What businesses must comply with TFCA?
All businesses that manufacture, distribute, sell, or use cosmetic products in Washington must comply with TFCA. This includes:
Cosmetic manufacturers.
Brands.
Distributors.
Retailers.
Cosmetologists.
Cosmetology businesses, such as hair and nail salons.
How can manufacturers comply with TFCA?
Cosmetics manufacturers will need to evaluate their products to determine if they meet TFCA restrictions and possibly reformulate. We recommend that manufacturing companies take the opportunity toreformulate products with safer alternatives in order to:
Future-proof products by reducing the likelihood of further reformulation in the event future regulations pass that restrict other chemicals.
Build brand recognition as a company invested in human health and the environment.
Support for small cosmetics manufacturers
Small cosmetics manufacturers (employing 50 people or less) may:
Apply to our safer cosmetics certification program to receive technical and financial support to obtain one of the approved voluntary environmental health certifications. Certification is not required but encouraged.
Businesses that sell or use cosmetic products in Washington must ensure that the products they sell or use as part of a service meet TFCA restrictions. To ensure compliance, cosmetology businesses will need to contact their distributor before purchase to confirm the products they are buying do not contain any chemicals restricted by TFCA.
Support for small cosmetology businesses
Small cosmetology businesses (such as beauty salons, independent cosmetologists, and those that provide cosmetology services) may:
We may conduct a rulemaking to establish restrictions on chemicals that release formaldehyde. According to the law, the earliest these restrictions can take effect is:
Jan. 1, 2026, for up to 10 chemicals used in cosmetics that release formaldehyde.
Jan. 1, 2027, for additional chemicals used in cosmetics that release formaldehyde.
Frequently asked questions
The law directs Ecology, 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 specifies that we prioritize chemicals that impact overburdened communities and make the results public.
We assessed 10 chemicals that serve the preservative function, and the assessments demonstrate that the chemicals are safer than the preservatives being restricted. The assessment reports are available on the Interstate Chemicals Clearinghouse Chemical Hazard Assessment Database. 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.
We chose to focus our assessments on preservatives used in hair care products. Some hair care products, such as 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 in the law can be used as preservatives. Read our Chemicals in Cosmetics Used by Washington Residents report for more information.
Additional chemicals and functions will be assessed as funding allows.
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 following products are not considered cosmetics, and therefore are not regulated under TFCA:
Over-the-counter medications, such as vitamins and mineral tablets.
For cosmetic products (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.
While most people use cosmetics in their daily lives, not everyone is exposed to toxics in cosmetics equally. Women of color, especially Black women, and women with dark skin, are at an increased risk of exposure to harmful chemicals due to these factors:
In addition, children are particularly vulnerable to toxic chemicals in cosmetic and personal care products. They put their hands in their mouths more often, increasing exposure. Their small body size and developing brains and bodies make them more susceptible to the toxic effects of these chemicals.
In accordance with the HEAL Act, we will prioritize technical and financial assistance and implementation of TFCA by considering chemicals and products used by communities facing disproportionate impacts from environmental harms or that have the potential to reduce exposure inequity.
