Updated interim policy on lead restrictions
in the Toxic-Free Cosmetics Act (TFCA)
On December 19, 2024, Ecology announced a rulemaking to identify a feasible approach to regulating lead in cosmetics. We also issued an interim policy to provide compliance guidance to manufacturers while we conduct the rulemaking. This interim policy gives:
- Manufacturers more time to comply with the lead restriction.
- Ecology more time to collect information.
- Manufacturers alternative paths to compliance for cosmetic products that are unable to achieve lead concentrations below 1 part per million (ppm).
This month, we published an updated interim policy to clarify that while manufacturers must notify Ecology of their decision to meet the conditions of the policy, they do not need to submit a written plan on how they will do so.
Notifications are due February 1, 2025. Submit your notification using our online notification form. Manufacturers who do not notify Ecology of the use of the policy must meet the statutory lead limit of less than 1 ppm lead impurities in cosmetic products that went into effect January 1, 2025.
The updated policy also includes guidance on lead testing for those manufacturers selecting Option 2 for some or all of their cosmetic products.
We did not change any conditions in the policy.
We are committed to supporting businesses with their compliance efforts. Contact us at ToxicFreeCosmetics@ecy.wa.gov with questions or concerns.
TFCA restrictions now in effect
TFCA restricts the manufacture, distribution and sale of cosmetic products that contain certain toxic chemicals and chemical classes. The restrictions took effect on January 1, 2025. In-state retailers have until January 1, 2026, to sell existing stock they had in their stores before the restrictions took effect.
TFCA restricts the following nine toxic chemicals and chemical classes when intentionally added to a cosmetic product:
- Formaldehyde
- Lead and lead compounds
- Mercury and mercury compounds
- Methylene glycol
- Ortho-phthalates
- Per- and polyfluoroalkyl substances (PFAS)
- m-Phenylenediamines and their salts
- o-Phenylenediamines and their salts
- Triclosan
TFCA also restricts lead and lead compounds when present in a cosmetic product at or above 1 ppm. As an alternative compliance pathway, manufacturers can notify Ecology that they will use the interim policy and meet all the conditions of the policy.
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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