On 19 December 2024, Washington State issued a Policy Statement affirming its commitment to implementing an Interim Policy on Lead in Cosmetics as part of the Toxic-Free Cosmetics Act. This interim measure, which took effect on 1 January 2025, offers an alternative pathway for manufacturers facing challenges in meeting the Act’s stringent lead impurity limit of 1 part per million (ppm).
Background: the Toxic-Free Cosmetics Act
In 2023, the Washington Legislature passed the Toxic-Free Cosmetics Act (Chapter 70A.560 RCW) to enhance the safety of personal care and cosmetic products while safeguarding public health and the environment from harmful chemicals. Starting 1 January 2025, this law prohibits the manufacture, sale, and distribution of cosmetics containing specific toxic substances in Washington State.
Lead restrictions and the new interim policy
One of the Act’s key provisions limits the allowable concentration of lead in cosmetic products to less than 1 ppm. However, feedback from manufacturers revealed that meeting this threshold could be particularly challenging – or even unfeasible – for certain products. In response, the Washington State Department of Ecology (Ecology) developed an interim policy to provide temporary compliance options while maintaining consumer safety.
Under the interim policy, manufacturers struggling to meet the 1 ppm limit can choose between two “safe harbor” options:
- Option 1:
- General cosmetics must have a lead concentration of no more than 2 ppm, and
- Color cosmetics or clay-based masks must not exceed 5 ppm, and
- Manufacturers must notify Ecology of their plans to adhere to these limits for products sold in Washington.
- Option 2:
- For color cosmetics or clay masks with lead concentrations between 5 ppm and 10 ppm:
- Manufacturers must notify Ecology of their compliance plans, and
- Lead levels must be monitored in every product batch, and
- Documentation and data on lead concentrations must be retained, along with relevant information.
- For color cosmetics or clay masks with lead concentrations between 5 ppm and 10 ppm:
Requirements for manufacturers
All manufacturers opting to use the safe harbor provisions must formally notify the Department of Ecology of their intent to comply. Notifications must include contact information and be submitted through Ecology’s online submission form unless another method is pre-approved.
The policy also supports small businesses by allowing alternative approaches, such as theoretical calculations or composite testing, as long as good-faith efforts to monitor and minimize lead levels are demonstrated.
Next steps
While the interim policy offers temporary flexibility, Ecology is actively gathering data on the feasibility of the 1 ppm limit. This information will inform future rulemaking and help determine whether a more achievable lead impurity standard – within the range of 1 to 10 ppm – should be adopted.
Do you need help to comply with MoCRA? Obelis, with 35 years of international regulatory experience, is the ideal partner to support you in the compliance journey.Contact us today to discover our US services dedicated to manufacturers, brand owners, and producers of cosmetic products.
Chiara Lai
Regulatory Intelligence & Innovation department
22.01.2025
References:
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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