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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Passed in May 2023, this legislation mandates that businesses must report intentionally added per- and polyfluoroalkyl substances (PFAS) in products sold within Minnesota and pay an associated fee.

​Products manufactured prior to July 1, 2023, are strictly excluded from these reporting requirements.

Companies should be aware that after a formal review period, all submitted data will become publicly accessible, with the exception of verified trade secrets.

​Critical 2026 Reporting Deadlines:

​Because the initial reporting deadline is approaching rapidly, manufacturers are highly encouraged to begin their data entry and submit any necessary technical support requests immediately. Please ensure your compliance teams track the following key dates:

• ​September 15, 2026: Initial PFAS reports are officially due.
• ​November 14, 2026: For manufacturers who previously secured a due date extension, requests for waivers must be postmarked or mailed by this date.
• ​December 14, 2026: Initial reports are due for manufacturers operating under an approved extension.
• ​February 1 (Annually): Moving forward, subsequent annual updates will be required each year on this date.

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If you have any questions regarding how this update may affect your business, do reach out to us today.

The post Upcoming Deadlines for Minnesota’s PFAS Reporting appeared first on Focal Point.

​Key Provisions of Virginia HB 122:

• ​The law strictly prohibits the use of certain intentionally used ingredients.
• ​The bill has successfully passed and its status is officially updated to enacted.

​To review your product formulations and ensure continuous compliance with emerging state-level legislation, please contact us.

The post Virginia Enacts Ingredient Restrictions (HB 122) appeared first on Focal Point.

​Key Provisions of RI HB 7734:

• The law strictly prohibits the sale of covered products (including cosmetics) that contain intentionally added PFAS.
• ​This prohibition will officially take effect beginning January 1, 2027.

​Considering the upcoming deadline, contact us today to review your product formulations to ensure full compliance before enforcement begins.

The post Rhode Island Enacts PFAS Ban on Covered Products appeared first on Focal Point.

​Key Provisions of the Enacted Bills:

​This legislation introduces strict regulatory requirements and robust enforcement mechanisms for the personal care industry:

• ​The enacted bills prohibit the manufacture, sale, or distribution of cosmetic and hair care products in Maryland that intentionally contain lead and certain other harmful chemicals.

• ​The Maryland Department of Health is now authorized to actively investigate complaints and enforce compliance with the new restrictions.

• ​Violations of the law are considered unfair trade practices. Businesses found in violation may face significant civil damages, which can include treble and punitive damages in cases of willful non-compliance.

​These new laws underscore the growing trend of state-level scrutiny regarding cosmetic ingredients, emphasizing the immediate need for rigorous formula and supply chain reviews to ensure compliance in the Maryland market.

​To get your formulas reviewed and to ensure compliance, contact us today.

The post Maryland Enacts Ingredient Restrictions for Cosmetics and Hair Care appeared first on Focal Point.

DTSC’s decision is driven by environmental and health safety evaluations regarding this class of chemicals. The department has determined that PPD derivatives are expected to exhibit specific hazard traits, primarily dermatotoxicity and wildlife survival impairment.

​Regulators are concerned that these derivatives may cause or contribute to adverse dermatological impacts (such as skin sensitization) as well as severe adverse aquatic impacts (such as death).

​What This Means for Your Business:

​It is important for manufacturers and formulators to understand the immediate impact of this update. Adding a chemical to the Candidate Chemicals List does not create any new regulatory obligations. However, this listing serves as a strong indicator that PPD derivatives are under scrutiny and may be targeted for future evaluation or product prioritization by the DTSC.

​If you have any questions regarding this update or would like to get your formulas reviewed, our team is here to help. Contact us today.

The post California DTSC Updates Candidate Chemicals List to Include PPD Derivatives appeared first on Focal Point.

The proposal would also clarify that cosmetics sold directly to consumers are not subject to Louisiana’s facility permitting and inspection requirements. Businesses would still need to comply with applicable federal requirements under the FD&C Act and MoCRA, as well as state and local tax requirements.

If enacted, the changes could reduce regulatory and administrative requirements for small, home-based cosmetic businesses in Louisiana, while maintaining federal compliance obligations. Companies should monitor the legislation, particularly the $100,000 sakes threshold and product exclusions, when assessing eligibility for the proposed exemption.

For more such updates, contact us.

The post Louisiana moves to ease cosmetic requirements for cottage businesses appeared first on Focal Point.

Medical devices are subject to exemptions where PFAS are essential to the device and their use do not pose serious harm to users. Manufacturers should assess whether their products meet the applicable exemption criteria.

A new PFAS labeling requirement will also take effect January 1, 2027. Products containing intentionally added PFAS sold or distributed in New Mexico will be required to display a standardized PFAS symbol. The Environmental Improvement Board finalized the implementing rules in March 2026, with the Final Rule published in the New Mexico Register on May 5, 2026.

To ensure your compliance with this new requirement, please contact us.

The post New Mexico PFAS Protection Act: Cosmetics Restrictions Begin in 2028 appeared first on Focal Point.

Beginning July 1, 2028, cosmetic products containing specified intentionally added substances will be prohibited from being manufactured, sold, delivered, held, or offered for sale in Illinois. The substances include Dibutyl phthalate (DBP), Diethylhexyl phthalate (DEHP), formaldehyde, paraformaldehyde, methylene glycol, quaternium-15, mercury, isobutylparaben, m-phenylenediamine and its salts, o-phenylenediamine and its salts, and specified PFAS and their salts, including PFOS, PFOA and PFNA.

The Act is intended to align Illinois restrictions with corresponding prohibitions under the European Union Cosmetics Regulations (EC) No. 1223/2009, as amended. Importantly, the law provides an exemption where a prohibited ingredient is present only as a technically unavoidable trace resulting from impurities in raw materials, the manufacturing process, storage, or packaging, provided the product was manufactured through a process intended to comply with the Act.

Cosmetic manufacturers and suppliers should begin reviewing formulations, raw material specifications, and supply chains against the substances listed under HB 3409 and assess reformulation needs well ahead of the July 1,2028 compliance date. To ensure your compliance with this new requirement, please contact us.

The post Illinois enacts restrictions on certain chemicals in cosmetics appeared first on Focal Point.

​SB 54, California’s landmark extended producer responsibility (EPR) and plastic pollution prevention law is facing growing pushback from industry stakeholders as new economic analyses and operational assessments reveal critical flaws in the program’s current framework.

​What Triggered the Push for a Pause?

• ​Independent assessments based on CalRecycle’s July 2025 Standardized Regulatory Impact Assessment (SRIA) and a February 2026 third-party Needs Assessment project total 5-year compliance costs to reach $78 billion- roughly 3.5 times higher than initial projections.
• ​Industry faces $2 billion in fees during the first year alone, with initial invoices rolling out and larger fees scheduled for January. Over five years, direct program fees are projected to climb to $17.2 billion (rising from $2B in Year 1 to $5B in Year 5).

The designated Producer Responsibility Organization (PRO), Circular Action Alliance (CAA), has formally indicated that it cannot meet SB 54’s statutory targets as currently written in its Program Plan, raising concerns that massive fees will be collected without achieving the intended recycling outcomes.

​Key Takeaways for Businesses and Regulated Producers:

• ​The coalition is not advocating for the elimination of SB 54, but rather a temporary legislative freeze. Because the targets and compliance timelines are hardcoded into statute, only the California Legislature can adjust the framework.
• ​Objective for 2027–2028: The requested pause aims to halt impending fee hikes while lawmakers and industry collaborate during the 2027–2028 legislative session to restructure the program into a workable, cost-effective model.

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If you have any questions regarding how this update may affect your business, do reach out to us today.

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