The Modernization of Cosmetics Regulation Act (MoCRA), enacted in December 2022, marked a significant step forward in federal oversight of cosmetics. However, MoCRA does not regulate cosmetic ingredients, leaving ingredient-specific regulations to state governments. States like Washington and California are taking the lead in addressing ingredient safety and environmental concerns within cosmetics and other consumer products.
Washington: Safer Products for Washington
Washington’s “Safer Products for Washington” program operates under the Toxic Pollution Law (Chapter 70A.350 RCW) and is designed to reduce the use of toxic chemicals in consumer products, including cosmetics, through a systematic four-phase, five-year cycle process. This program identifies priority chemicals and products, evaluates safer alternatives, and implements restrictions or bans where necessary.
The program is currently progressing through multiple phases:
- Phase 1 focused on identifying chemicals of concern based on toxicity, prevalence in consumer products, and potential exposure risks.
- The ongoing Phase 2 focuses on identifying consumer products that contain these priority chemicals and assessing their potential impacts.
As part of this process, the Draft Identification of Priority Products Report was published on 1 November 2024 and is open for public comment until 31 December 2024. The final version of the report is expected to be released by 1 June 2025.
This report is particularly significant for beauty brands as it includes:
- Cyclic volatile methylsiloxanes (cVMS) commonly used in cosmetics for their emollient properties and sensory benefits.
- BTEX chemicals (benzene, ethylbenzene, toluene, and xylene) usually found in nail products
Washington’s interim policy on lead in cosmetics
In addition to the ‘Safer Products for Washington’ initiative, Washington State published a Policy Statement in December 2024, affirming its commitment to implementing an Interim Policy on Lead in Cosmetics as part of its Toxic-Free Cosmetics Act.
This interim policy, effective 1 January 2025, provides a pathway for manufacturers who struggle to meet the 1 ppm lead impurity limit outlined in the Toxic-Free Cosmetics Act.
Under this policy, manufacturers can utilise two “safe harbour” options.
- Option 1: The lead concentration in general cosmetics must not exceed 2 ppm. For colour cosmetics or clay masks, it must not exceed 5 ppm. The manufacturer must notify the Department of Ecology of their plan to meet these limits for products sold within Washington.
- Option 2: for colour cosmetics or clay masks with a lead concentration exceeding 5 ppm but remaining below 10 ppm, manufacturers must:
- Notify the Department of Ecology of their plan to comply with these limits for products sold in Washington.
- Monitor the lead concentration in every batch of the product.
- Retain data and documentation on lead concentrations, including any relevant information.
All manufacturers utilising the safe harbour provisions outlined in this policy must notify the Department of Ecology of their intent to comply with the policy’s conditions. This notice should include contact details and must be submitted via the Department of Ecology’s online submission form unless the Department approves an alternative method.
Importantly, this policy includes provisions to support small businesses, allowing them to rely on alternative methods such as theoretical calculations or composite testing, as long as they demonstrate good-faith efforts to monitor and reduce lead levels.
Beyond the interim measures, the Department of Ecology is gathering data on the feasibility of the 1 ppm limit, planning future rulemaking to refine regulatory approaches, and assessing whether a lead impurity limit between 1 and 10 ppm is more achievable.
California: Methyl methacrylate in nail products
Similarly, California is outlining priority products as part of its 2024-2026 Work Plan under its Safer Consumer Products program.
A Priority Product refers to a consumer product that (1) contains one or more Candidate Chemicals capable of posing risks to human health or the environment, and (2) has been officially designated through rulemaking in the California Code of Regulations.
Within this framework, on 1 November, the Department of Toxic Substances Control (DTSC) commenced rulemaking to include nail products containing methyl methacrylate (MMA) in the priority product list. This regulation would apply to any nail product containing MMA as an added ingredient, residual, or contaminant.
The proposed rule has been notified to the World Trade Organization (WTO) to ensure international stakeholders are informed.
Do you have any questions on compliance of cosmetics in the EU, UK, or US? Contact us here and write an email to COSlaw@obelis.net.
References
Department of Toxic Substances Control. (2024). Priority Product Work Plan. Retrieved on 10 December 2024.
Department of Toxic Substances Control. (2024). Priority Products. Retrieved on 10 December 2024.
Department of Toxic Substances Control. (2024). Proposed Priority Product: Nail Products Containing Methyl Methacrylate. Retrieved on 10 December 2024.
Washington State Department of Ecology. (2024). Draft Identification of Priority Products Report to the Legislature: Safer Products for Washington Cycle 2 Implementation Phase 2. Retrieved on 10 December 2024.
Washington State Department of Ecology. (2024). Legislative Session 2025 Focus on: Toxic-Free Cosmetics Act. Retrieved on 23 December 2024.
Washington State Department of Ecology. (2024). Policy Statement: Interim Policy on Lead in Cosmetics. Retrieved on 19 December 2024.
Washington State Department of Ecology. (2024). Safer Products for Washington. Retrieved on 10 December 2024.
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