Effective January 1, 2026, non-compliant products found in Washington State will be in violation of state law, regardless of when they were purchased or manufactured.

All stakeholders with physical inventory should take the following steps:

–Audit ‘Existing Inventory’ (Acquired Before Jan. 1, 2025): If you are holding stock acquired prior to 2025 that contains restricted substances:

• Through Dec. 31, 2025: You may continue to sell these items or use them in professional services.
• Starting Jan. 1, 2026: All sales and usage must cease. You must remove these products from shelves and service areas immediately.

–Audit ‘New Inventory’ (Acquired On/After Jan. 1, 2025): Any non-compliant inventory acquired during the 2025 calendar year is already in violation. If any such stock is identified, it must be removed from sale immediately to mitigate enforcement action.

Disposition of Unsold Inventory:

The Department of Ecology has provided specific guidance for handling non-compliant goods starting January 1, 2026:

• Redistribution: Companies are permitted to move this inventory to retail locations or distribution centers outside of Washington State, provided those jurisdictions do not have similar prohibitions.
• Disposal: If redistribution is not possible, the product must be disposed of according to local waste management regulations.

Critical Warning: Do Not Donate! Companies are prohibited from donating these non-compliant cosmetic products.

If you require assistance identifying restricted chemical classes or determining compliance of specific formulations, please contact us.

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The new rule, formally known as “Formaldehyde in Cosmetics Rulemaking (339A),” identifies 25 specific formaldehyde-releasing chemicals that will be restricted when intentionally added to cosmetic products. This proactive measure is expected to encourage manufacturers to innovate and reformulate their products, leading to a safer market for consumers.

Key Provisions and Impact:

• The rule explicitly restricts 25 formaldehyde-releasing chemicals when intentionally added to cosmetics.
• The rule clarifies the definition of “intentionally added” within the context of the Toxic-Free Cosmetics Act, ensuring that all chemicals releasing formaldehyde are restricted when formaldehyde serves an intended function in the product.
• The restrictions will impact cosmetic manufacturers, distributors, retailers, and cosmetology businesses operating in Washington State. It also applies to cosmetic products used in services, sold online, and sold in physical stores.

Timeline for Implementation:

• Rule Adoption: August 28, 2025
• Rule Takes Effect: September 28, 2025
• Restrictions Take Effect: January 1, 2027
• Existing Stock Sell-Off: In-state retailers may sell existing stock through December 31, 2027, allowing for a transitional period.

If you require any assistance, have any questions or would like to understand more about how this impacts your business, please do reach out to us.

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Option 1: Applicable to general cosmetics with lead concentrations at or below 2 ppm, and to color cosmetics or clay masks with lead concentrations at or below 5 ppm. Manufacturers must notify Ecology of their intent to comply under this option.

Option 2: Applicable to color cosmetics or clay masks with lead concentration above 5 ppm but below 10 ppm. Manufacturers must:

• Notify Ecology of their intent to comply under this option.
• Conduct batch-by-batch lead monitoring.
• Retain data verifying total lead concentrations.

Lead interim policy: data collection guidance webinar:

To support manufacturers navigating Option 2 requirements, the Department of Ecology is hosting an online information session on June 11, 2025, at 9:00 am PDT. Advance registration is required for all participants.

The webinar will walk attendees through the data collection template, and offer opportunities to ask questions about testing, data submission, and documentation standards.

For more information, manufacturers can consult the Information on Data Collection publications or contact the department directly.

Retailers & Cosmetologists: Key Reminders

Retailers and Cosmetologists should take note of the sell-through period and compliance expectations:

• Products purchased before January 1, 2025, may be sold through December 1, 2025.
• Products purchased after January 1, 2025, must comply fully with the TFCA.

Retailers are encouraged to contact their distributors to confirm that products are free of restricted chemicals. If distributors are uncertain, Ecology can provide assistance.

Formaldehyde Rulemaking Progress:

In a parallel initiative, Washington is moving ahead with Formaldehyde regulation under the TFCA, that restricts formaldehyde and formaldehyde releasers intentionally used in cosmetic products:

• The proposed rule was published on February 6, 2025.
• A formal public comment period ran from February 6 to April 11, 2025
• The Department aims to finalize and adopt the rule by September 2025.

Public input and relevant documents are accessible through the rulemaking webpage.

If you require any assistance, have any questions or would like to understand more about how this impacts your business, please do reach out to us.

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