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 in 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:
- Review information from public sources such as product labels, safety data sheets, and public databases.
- Request and review manufacturer-provided product information.
- Conduct product testing (view the Ecology product testing database).
- Review other published product testing results.
If we find a non-compliant product, we’ll contact the regulated entities with information to foster compliance.
Our priority is to support regulated entities toward 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 non-compliant products from their shelves.
- The distributor to stop distributing identified non-compliant products in Washington state.
- The manufacturer to reformulate the identified non-compliant product as necessary to be compliant for distribution or sale within Washington state.
The Toxic-Free Cosmetics Act authorizes Ecology to issue penalties for non-compliance (Chapter 70A.560 RCW).
Our priority is to support regulated entities with their compliance efforts through a combination of outreach, education, and assistance. Often, education and technical assistance are enough to correct a problem.
When responding to instances of non-compliance, 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.
