The Washington State Department of Ecology (Ecology) has released substantial updates to its Interim Policy on Lead in Cosmetics. The revisions eliminate the sunset date for the interim enforcement framework and introduce an active audit mechanism through a mandatory data call-in aimed at manufacturers utilizing alternative compliance pathways.
Regulatory Background: The Lead Interim Policy:
Washington’s Toxic-Free Cosmetics Act (TFCA) establishes a stringent statutory restriction prohibiting cosmetic products containing lead impurities in excess of 1 part per million (ppm), which took effect on January 1, 2025. Recognizing that naturally occurring trace lead in raw materials, particularly mineral pigments and natural clays, presents severe technical hurdles to consistently meeting 1 ppm, Ecology implemented an interim enforcement discretion policy in late 2024.
This interim policy established safe harbor pathways for companies actively working to lower lead levels:
Option 1: Covers general cosmetics with total lead concentrations at or below 2 ppm, as well as color cosmetics and clay-based masks at or below 5 ppm.
Option 2: Accommodates color cosmetics and clay masks with total lead levels between 5 ppm and 10 ppm, provided manufacturers notify the agency, monitor lead across product batches via third-party laboratory testing or raw material verification, and retain testing data for state review.
Key Updates to the Interim Policy:
Ecology’s recent revision modifies the enforcement timeline and establishes direct data auditing:
- The interim safe harbor was originally slated to expire on December 31, 2026. Ecology has lifted this calendar cutoff, allowing the policy to stay active until a permanent administrative rule is adopted or the agency formally rescinds the interim measures.
- Ecology will randomly audit 10 companies registered under Option 2, requiring them to submit their batch-level lead monitoring and testing documentation for state evaluation.
Industry Status and Immediate Action Items:
During a September 3 briefing, Ecology confirmed that notification notices have already been dispatched to the 10 selected companies.
- If your company utilizes Option 2 and has not received a formal call-in directive, you were either not part of the initial random selection or Ecology lacks current contact records.
- Brand owners and manufacturers operating under the interim safe harbor should review their submission records immediately to ensure all primary contact details filed with Ecology are completely up to date.
If you need any further information regarding this update, contact us today.
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