Toxic-Free Cosmetics Act: What’s New and What Lies Ahead

by | Jun 3, 2025 | Toxic-Free Cosmetics Act, U.S. Regulatory, U.S. State Updates

The Washington Department of Ecology has issued an interim policy to implement the Toxic-Free Cosmetics Act (TFCA), effective January 1, 2025. The TFCA prohibits the sale of cosmetic products containing intentionally added lead or lead impurities exceeding 1 part per million (ppm). Recognizing the challenges manufacturers face due to naturally occurring lead in raw materials, the interim policy offers temporary compliance flexibility through two options:

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.