Toxic-Free Cosmetics Act (TFCA)

Because TFCA (Chapter 70A.560 RCW) doesn’t define the term “intentionally added,” we intend to define it through rulemaking. The proposed rule (Chapter 173-339 WAC) defines "intentionally added chemical" or "intentionally added" as a chemical that serves an intended function in:

• The final product.
• The manufacturing of the product.
• An ingredient in the final product.

If we adopt this definition through rulemaking, then some chemicals that are currently not required by the Federal Drug Administration (FDA) to be listed on the label, such as fragrance formulations (e.g., fragrance fixatives) and preservatives added to raw materials, would meet the definition of “intentionally added” because they serve an intended function in an ingredient. If adopted, they would be subject to restrictions.

Note: TFCA doesn’t apply to chemicals in product packaging or FDA-regulated drug ingredients.

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 or you can go directly to the report for each chemical listed below:

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:

• Soaps.
• Prescription drugs.
• 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:

• Occupation.
• Cultural and religious differences.
• Beauty standards that promote European features.

Studies show that women have higher levels of the harmful chemicals found in cosmetics than men, and Black women have higher levels than white women. 

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 who face higher toxic exposure or who experience other environmental health disparities.

Here are some resources to help you reduce your exposure to toxic chemicals in cosmetics and other self-care products:

• Take the Detective Work Out of Choosing Safer Cosmetics
• Reduce Your Exposure to Harmful Chemicals in Self-Care Products
• How Can Apps Help Me Find Safer Products?

You can also visit our Toxic chemicals in your home webpage for tips to reduce your exposure to chemicals at home or read our Healthier Living Starts at Home publication.