Toxic-Free Cosmetics Act guidance for cosmetologists

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ToxicFreeCosmetics@ecy.wa.gov

Resources

• Toxic-Free Cosmetics Act Guide: Restrictions for Cosmetic Industry & Sellers
• Chemical Facts for Cosmetologists: Formaldehyde & Formaldehyde Releasers
• Take the detective work out of choosing safer cosmetics
• Compliance and outreach Q&A

TikTok videos

• Buy certified products
• Tips to reduce your exposure to formaldehyde
• Reducing toxic chemicals in your self-care routine
• What's TFCA? Get ready with me

The Safer Salons Partnership combines cosmetology expertise with Ecology’s technical resources for safer cosmetics. In this voluntary program, small cosmetology businesses, like hairstylists and barbers, can be reimbursed for the purchase of selected third-party certified safer hair products.

• We’re running a pilot program for hair care products in 2025.
  Contact us if you're interested in participating.
• Participation in this program is optional.

Formaldehyde releasers are chemicals commonly found in nail polish, eyelash glue, shampoo, hair gel, and hair smoothing treatments. Learn more about the formaldehyde in cosmetics rulemaking (Chapter 173-339 WAC). 

Lead is sometimes found as an impurity in cosmetics like clay masks and color makeup, like eye shadow, eye liner, blush, and lipstick. Learn more about the lead in cosmetics rulemaking or subscribe to our email list to find out when we’re collecting feedback.

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. 

If you manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use cosmetic products in Washington state, you’re responsible.

This includes products sold online as well as products sold in brick-and-mortar stores. If you’re a manufacturer as defined under TFCA (RCW 70A.560.010), you’re responsible for knowing what is in your product, whether or not you manufacture, distribute, or sell it.

In addition to education and technical assistance, we may use multiple strategies to support work toward compliance. Strategies we may use to check for compliance include:

• Reviewing information from public sources such as product labels, safety data sheets, and public databases.
• Requesting and reviewing manufacturer-provided product information.
• Conducting product testing (see Ecology's product testing database).
• Review other published product testing results.

If we find a noncompliant product, we’ll contact the regulated entities with information to foster compliance.

Our priority is to support regulated entities to achieve compliance. If a product at a retailer or salon is found to be out of compliance, we’ll work with the retailer or cosmetology business to identify the distributor and manufacturer of the product.

We’ll work with:

• The retailer or cosmetologist to remove identified noncompliant products from their shelves.
• The distributor to stop distributing identified noncompliant products in Washington.
• The manufacturer to reformulate the identified noncompliant product as necessary to be compliant for distribution or sale within Washington.

TFCA authorizes us to issue penalties for noncompliance (Chapter 70A.560 RCW).

Our priority is to support regulated entities with their compliance efforts through a combination of:

• Outreach.
• Education.
• Assistance.

Often, education and technical assistance are enough to correct a problem.

When responding to instances of noncompliance, we often focus on individuals and businesses who have repeated cases of noncompliance or have significant violations. We consider multiple factors before deciding on enforcement steps.

Ultimately, we want regulated entities to understand their responsibilities under this law and do what is best for consumers, businesses, workers, and the environment.

For more information, read our Toxic-Free Cosmetics Act Compliance and Outreach Questions and Answers.