Washington State TFCA Sell-Through Period Expires December 31

by | Dec 8, 2025 | Cosmetics, FDA, Toxic-Free Cosmetics Act, U.S. State Updates

Signed into law in 2023 as House Bill 1047, the Toxic-Free Cosmetics Act (TFCA) is one of the most stringent cosmetic safety laws in the United States. This law restricts nine chemicals and chemical classes. While the manufacturing ban officially began on January 1, 2025, the state granted a temporary grace period for retailers to sell through existing stock. This grace period is now ending! Retailers, salons, and distributors have until December 31, 2025, to sell existing stock.

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.