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.
Examples include shampoo, lotion, body wash, deodorant, nail polish, and makeup.
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.
Only in-state retailers (which is a person or business located in Washington that sells cosmetic products to consumers), are allowed to sell or use for services pre-existing stock that contains restricted chemicals for a limited amount of time as long as you meet the following criteria below.
Products that contain restricted chemicals:
- Can be sold or used for services until Dec. 31 of the year the restriction takes effect as long as you had these products in stock on or before the date the restriction takes effect. This is what’s known as the “sell-through period.”
- Cannot be sold or used for services if you received them AFTER the date the restriction takes effect. For products that contain multiple restricted chemicals, the date applies to the chemical that was restricted first.
For example:
If you have a product that contains methylene glycol (restricted in 2025) and a formaldehyde releaser (restricted as of 2027), you may NOT sell this product. The sell-through period for methylene glycol has passed.
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). However, 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 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.
Buy products in Washington. While there's no guarantee all products sold will be compliant, TFCA’s purpose is to ensure cosmetics sold in Washington don’t contain restricted chemicals.
Publications
TikTok videos
