The state of Washington launched a law to eliminate the use of toxic ingredients in cosmetics and personal care products. The restriction will take effect starting 1 January 2025.

On 5 May 2023, the Governor of the state of Washington signed bill (HB 1047) concerning the use of toxic chemicals in cosmetics and personal care products into a law which is also known as the Toxic-Free Cosmetic Act. The law aims at eliminating the use of toxic and harmful chemicals in cosmetics and personal care products to protect both consumers and the environment. This law is the strongest state law in the country regulating toxic chemicals in health and beauty products to date.

As outlined in the Toxic-Free Cosmetic Act, beginning on 1 January 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in the state, any cosmetic product that contains any of the following intentionally added chemicals or chemical classes:

● ortho-phthalates (esters of ortho-phthalic acid)

● Perfluoroalkyl and polyfluoroalkyl substances (PFAS)

● Formaldehyde (CAS no.50-00-0) and chemicals determined by the department to release      formaldehyde

● Methylene glycol (CAS no. 463-57-0)

● Mercury and mercury compounds (CAS no. 7439-97-6)

● Triclosan (CAS no.3380-34-5)

● m-Phenylenediamine and its salts (CAS no. 108-45-2)

● o-Phenylenediamine and its salts (CAS no. 95-54-5)

Additionally, the law prohibits intentionally added lead or lead compounds, as well as unintentionally added lead or lead compounds when present at 1 ppm or above. Such a limit level is 10-fold more stringent that the recommended limit set by the Food and Drug Administration (FDA) draft guidance of lead in cosmetic lip products and externally applied cosmetics.

It is interesting to note that the first ten formaldehyde-released chemicals identified by the Department of Ecology will not take effect until on or after 1 January 2026 and further formaldehyde-released chemicals may be identified and enforced on or after January 2027.

The in-state retailers may sell cosmetic products in existing stock as of the effective date until 1 January 2026.

Source:

https://www.fda.gov/media/99866/download

https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/House/1047-S.SL.pdf?q=20230610002612

https://app.leg.wa.gov/billsummary?BillNumber=1047&Year=2023

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