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Toxic-Free Cosmetics Act guidance for cosmetologists
Five things you should know about TFCA (video).
The Toxic-Free Cosmetics Act (TFCA) restricts the manufacture, distribution, and sale in Washington of cosmetic products with certain toxic chemicals. Cosmetic products that cosmetologists sell or use for service must be compliant with this law.
The law restricts these chemicals and chemical classes from cosmetic products made, distributed, or sold in Washington:
Restricted as of Jan. 1, 2025
Restricted as of Jan. 1, 2027
Restricted chemicals
Formaldehyde
Lead and lead compounds
Mercury and mercury compounds
Methylene glycol
Ortho-phthalates
Per- and polyfluoroalkyl substances (PFAS)
m-Phenylenediamine and its salts
o-Phenylenediamine and its salts
Triclosan
Formaldehyde releasers:
2-Bromo-2-Nitropropane-1,3-Diol (Bronopol)
5-Bromo-5-Nitro-1,3-Dioxane (Bronidox)
7-Ethylbicyclo-oxazolidine (Bioban CS1246)
Benzylhemiformal
Diazolidinyl Urea
Dimethyl Oxazolidine
Dimethylhydantoin Formaldehyde (DMHF)
Dimethylol Glycol
Dimethylol Urea
DMDM Hydantoin
Imidazolidinyl Urea
MDM Hydantoin
Methenamine
Methylal
Paraformaldehyde
Polyoxymethylene
Polyoxymethylene Melamine
Polyoxymethylene Urea
Quaternium-15
Sodium Hydroxymethylglycinate
Tetramethylolglycoluril
Timonacic (when used in heat-activated hair straighteners)
Tosylamide/Formaldehyde Resin (PTSAF)
Tris-Hydroxymethylnitromethane
Urea, polymer with formaldehyde, isobutylated
How can cosmetologists comply with TFCA?
Cosmetologists in Washington state that sell cosmetic products to customers or use cosmetic products in services are considered in-state retailers. In-state retailers are required to comply with TFCA by doing the following:
Contact your distributor. Confirm the products you’re buying don’t have any restricted chemicals. If your distributor doesn’t know, please have them contact us. We can work with them.
Only sell current stock that adheres to the sell-through period (below).
What’s the sell-through period?
In-state retailers are allowed to sell current stock, even those that contain restricted chemicals, but only if it meets the rules of the sell-through period as follows:
Any product you already had in stock on or before the date the restriction takes effect, can be sold until Dec. 31 of the year the restriction takes effect.
Any stock received AFTER the date the restriction takes effect must comply with all restrictions in the rule and law.
For example, let’s say you bought a hair product that contains formaldehyde in Sept. 2024. You can sell that product until Dec. 31, 2025. However, if you bought that same product in March 2025, you cannot sell this product because formaldehyde was restricted as of Jan. 1, 2025.
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.
The Safer Salons Partnership combines cosmetology expertise with our technical resources for safer cosmetics. In this program, small cosmetology businesses, like hairstylists and barbers, can be reimbursed for the purchase of select third-party certified safer hair products.
Pilot program starts in 2025
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.
Rulemaking: Have an impact!
Cosmetologists have a unique perspective on how you – and your clients – use cosmetics. Your feedback helps shape how regulations are made and carried out. Learn more about these regulations and how to participate.
Lead is sometimes found as an impurity in cosmetics like clay masks and color makeup, such as eye shadow, eye liner, blush, and lipstick. The Lead in Cosmetics rulemakingaims to identify a feasible approach to regulating lead in cosmetic products. Subscribe to our email list to find out when we’re collecting feedback.
Frequently asked questions
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:
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 used in services, sold online, and sold in physical 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.
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.
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.
Formaldehyde is known to impact human health, potentially causing:
Cancer.
Respiratory problems, like asthma.
Allergic skin responses.
Irritation of and damage to eyes and skin.
While formaldehyde can be added directly to cosmetic products, other chemicals can break down to form formaldehyde. These are called formaldehyde releasers.
Formaldehyde and formaldehyde releasers are primarily used in cosmetic products as preservatives or hair-smoothing agents. Hair smoothing treatments are concerning because formaldehyde and formaldehyde releasers are used at high concentrations and heated up. The heat releases formaldehyde into the air where it can be inhaled.
We offer free language services about our programs and services for people whose primary language is not English. We can provide written information in your preferred language and interpreters in person or over the telephone.
