On 19 June, California’s Department of Toxic Substances Control (DTSC) finalised a regulation under the Safer Consumer Products (SCP) framework. The regulation identifies nail products containing triphenyl phosphate (TPhP) at concentrations above 250 ppm as Priority Products. It will be effective from 1 October 2026.
Manufacturers – both domestic and foreign – are required to submit a Priority Product Notification (PPN) by 30 November 2026.
What are California Priority Products?
Priority Products are consumer products that contain at least one Candidate Chemical. These are substances identified as potentially harmful due to their hazardous properties or environmental and toxicological effects.
Notification and compliance requirements
Manufacturers of Priority Products sold in California must submit a Priority Product Notification (PPN) to DTSC within 60 days of the regulation’s effective date.
After notification, companies have several options:
- Conduct an Alternatives Analysis (AA) and submit a report to DTSC, assessing safer substitutes
- Remove the product from the California market
- Reformulate the product to eliminate the Chemical of Concern
- Replace the Chemical of Concern with a safer alternative
If a manufacturer (brand owner) does not comply, DTSC will issue a notice and list the company on a Failure to Comply List. In such cases, the responsibility may shift to importers, retailers, or assemblers, who may need to stop selling or distributing the product in California.
Use of TPhP in cosmetics
Triphenyl phosphate (TPhP) is already prohibited in cosmetic products in the European Union (Annex II, entry 1767 of Regulation (EC) No 1223/2009).
In nail products, TPhP is commonly used as a plasticiser, improving flexibility and durability of coatings and treatments.
However, TPhP exposure raises health concerns. The main route of exposure is dermal contact, with inhalation also contributing in salon environments. Studies also indicate that TPhP can be transferred during pregnancy (transplacental) and through breastfeeding.
Potential adverse effects include liver toxicity, endocrine disruption, developmental toxicity, neurotoxicity, and reproductive toxicity.
Certain population’s sub-groups,including nail salon workers and pregnant women, are considered to be particularly at risk.
Do you have questions on compliance of cosmetics and market access? Contact us here or at coslaw@obelis.net!
References
DTSC. (2026). Priority Product: Nail Products Containing Triphenyl Phosphate at Concentrations Greater Than 250 parts per million (ppm). Retrieved on 20 June 2026.
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