Interim policy on lead restrictions in the Toxic-Free Cosmetics Act (TFCA)
Our agency has committed to take interim policy action by January 1, 2025, to give manufacturers more time to comply with the lead restriction and to give us more time to collect information. We are early in the process and will communicate the details as soon as we know more.
The interim policy will aim to provide manufacturers with alternative paths to compliance for products that are unable to consistently achieve lead concentrations below 1ppm, while still requiring manufacturers work toward the lowest lead levels possible in products.
We also anticipate opening a rulemaking related to lead impurities in cosmetics in 2025. This rulemaking will be an open public process that will allow us to continue working with interested parties. To protect human health and the environment, Washington's goal is to reduce lead in cosmetic products to the lowest level possible.
Washington has a history of successfully implementing toxics in products laws. Working with regulated industry during that process is essential to our work, and this is no exception. We recently received information on ingredients and products that helped us better understand the scope of the problem and are prioritizing work on this interim policy. The policy would go into effect by January 1, 2025, and would cover products that would otherwise be non-compliant.
An interim policy could include provisions to address variability in lead levels, and provide pathways to compliance for specific types of products that may not be able to comply with the statutory lead limit as of January 1, 2025.
We recognize it will take manufacturers time to meet this interim policy. We are committed to working with manufacturers to get to compliance with the interim policy. Contact us with questions or concerns, and sign up for the TFCA email list to get timely updates.
Compliance and outreach FAQ now available
Our new resource, Toxic-Free Cosmetics Act Compliance & Outreach Questions and Answers, summarizes responses to questions we've received about compliance and outreach over the last few months, including:
- Who is responsible for ensuring a product is compliant
- What do retailers need to do to ensure they comply with the new law
- What can cosmetologists do to ensure they comply with the new law
- What happens if a product is found to be non-compliant
- Can someone be penalized for making, selling, or distributing non-compliant products
Rulemaking on formaldehyde-releasing chemicals
In May 2024, we started a rulemaking to identify and adopt restrictions on formaldehyde-releasing chemicals used in cosmetic products. We're currently in the rule development phase of this rulemaking. We have:
- Worked with interested parties to develop draft rule requirements.
- Hosted informational webinars on June 11 and July 23.
- Asked for feedback on the preliminary draft rule.
During the next phase of the rulemaking, we will:
- Release the formal draft rule and economic analysis for public comment.
- Hold formal hearings and a formal public comment period.
To learn more and get involved:
Shari Franjevic
TFCA Implementation Lead
Washington’s Toxic-Free Cosmetics Act reduces human and environmental exposure to toxic chemicals by restricting certain chemicals and supporting businesses in reformulating and certifying products and switching to safer alternatives. For more information, visit ecology.wa.gov/TFCA.
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