On 12 February 2025, the Washington Department of Ecology (Ecology) notified the World Trade Organization of its proposed rule to restrict intentionally added formaldehyde and formaldehyde-releasing agents (FRAs) in cosmetic products.
This initiative aims at reducing consumer and worker exposure to toxic chemicals commonly found in everyday beauty and personal care products.
Background of the rulemaking process
In May 2024, Ecology announced the start of the “Formaldehyde in Cosmetics Rulemaking”. The goal was to create a new chapter in the Washington Administrative Code (WAC) – Chapter 173-339 WAC: Cosmetic Products Restrictions, under the Toxic-Free Cosmetics Act.
The primary objectives of this rulemaking are to:
- Protect Washington residents, particularly those with higher exposure to toxic substances.
- Make cosmetic products safer by reducing consumers’ and workers’ exposure to formaldehyde and FRAs.
In February 2025, Ecology proposed the formal draft rule, initiated a public comment period, and scheduled hearings to invite feedback from stakeholders. The comment period remains open until 11 April 2025.
Key elements of the proposed rule
The proposed rule lists 28 formaldehyde-releasing chemicals used in cosmetic products. Ecology prioritized these chemicals based on their prevalence in U.S. cosmetic products and their potential to cause disproportionate exposure. Notably referring to table 1 below:
- Items 1 through 7 represent the most commonly used FRAs, accounting for 99% of such agents in cosmetics.
- Items 8 through 10 were selected based on concerns regarding disproportionate exposure.
This list serves as a resource for cosmetic manufacturers, retailers, and consumers to identify and eliminate harmful FRAs.
Table 1 – Source: Ecology (2025)
Definition of “intentionally added”
The rule adopts a broader definition of “intentionally added,” extending beyond the final product to include chemicals used during manufacturing or as part of ingredient formulation. According to the proposal, “intentionally added” means a chemical that serves an intended function in:
- The final product
- The manufacturing process
- An ingredient within the final product
Compliance timeline
The proposed rule outlines a timeline for implementation:
- January 1, 2027:
- Restrictions on the 28 listed formaldehyde releasers take effect.
- The new definition of “intentionally added” applies.
- January 1, 2028:
- The sell-through period ends. Retailers in Washington have until this date to sell existing stock of cosmetics containing FRAs.
Chiara Lai
Regulatory Intelligence & Innovation
17 February 2025
References:
Washington State Department of Ecology. (2025). Draft Cosmetics Implementation Plan: Chapter 173-339 WAC and Efforts to Reduce Toxic Chemicals in Cosmetic Products. Retrieved on 14 February 2025.
Washington State Department of Ecology. (2025). Preliminary Regulatory Analyses: Chapter 173-339 WAC Cosmetic Products Restrictions. Retrieved on 14 February 2025.
Washington State legislature (2025). Chapter 173-339 WAC COSMETIC PRODUCTS RESTRICTIONS. Retrieved on 14 February 2025.
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