Washington cosmetics ingredient bans: dates, lists and citations

Toxic-Free Cosmetics Act (HB 1047, 2023 c 455)

RCW 70A.560.020(1)-(3) · first date: January 1, 2025

“beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes”Source: app.leg.wa.gov

Dates

• January 1, 2025: No manufacture, knowing sale, offer for sale, distribution for sale or distribution for use in WA of cosmetics with the listed intentionally added chemicals/classes (same date for manufacture and sale)

  “beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes”Source: app.leg.wa.gov

• January 1, 2025: Lead: intentionally added lead/lead compounds, or lead at 1 ppm or above, prohibited

  “beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains intentionally added lead or lead compounds (CAS 7439-92-1), lead or lead compounds at one part per million (ppm) or above”Source: app.leg.wa.gov

• January 1, 2026: In-state retailers' sell-through of stock held on 2025-01-01 ends

  “may exhaust its existing stock through sales to the public until January 1, 2026”Source: app.leg.wa.gov

• January 1, 2027: Ecology's rule definition of "intentionally added" (function in the product or in an ingredient) takes effect for all chemicals restricted by RCW 70A.560

  “This definition applies to the chemicals restricted in chapter 70A.560 RCW. This definition takes effect January 1, 2027.”Source: app.leg.wa.gov

Products covered

Any "cosmetic product" (RCW 70A.560.010(1) = "cosmetic" in RCW 69.04.011): articles rubbed, poured, sprinkled, sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance, and their components; soap excluded. Applies whether or not the product also contains FDA-regulated drug ingredients; the drug ingredients themselves and FDA-approved prescription drugs are not covered. No leave-on/rinse-off distinction. Leave-on and rinse-off products.

Soap: Soap excluded. RCW 70A.560.010(1) adopts the RCW 69.04.011 definition of "cosmetic", which ends "except that such term shall not include soap". Neither RCW 70A.560 nor WAC 173-339 defines "soap".

“articles intended for use as a component of any such article; except that such term shall not include soap”Source: app.leg.wa.gov

Sell-through: Only an in-state retailer (a person or business, including a cosmetology business, located in Washington that sells to end-use consumers) holding the products on the date the restriction takes effect may sell that existing stock to the public until 2026-01-01. No sell-through for out-of-state sellers, distributors or manufacturers.

“An in-state retailer in possession of cosmetic products on the date that restrictions on the sale of the products takes effect under this section may exhaust its existing stock through sales to the public until January 1, 2026.”Source: app.leg.wa.gov

Codified at RCW 70A.560 (2023 c 455); the saved chapter page shows no later amendments. Enforced by the Washington Department of Ecology; civil penalty up to $5,000 per violation (first offense), $10,000 per repeat offense, imposed on manufacturers (RCW 70A.560.030(4)). The statute does not define "intentionally added"; WAC 173-339-020 does (a chemical serving an intended function in the product or in an ingredient), effective 2027-01-01. Lead: RCW sets intentionally added OR >= 1 ppm (any source), 'or as otherwise determined by the department through rule making'; Ecology's interim policy (effective 2025-01-01, extended Aug. 2026 'until we adopt a rule or rescind the policy') says it will not enforce the 1 ppm limit for registered products at <= 2 ppm (general) / <= 5 ppm (color cosmetics, clay masks) (Option 1) or >5 to <10 ppm with batch monitoring (Option 2); a lead rulemaking was announced Dec. 2024 and no lead rule is adopted in WAC 173-339 as of 2026-10-04. No small-business exemption from the prohibitions (small-business provisions are support programs only). Exclusions: FDA-approved Rx drugs; FDA-regulated drug ingredients (other ingredients still covered); products only transported/stored in WA for sale outside WA (WAC 173-339-015); packaging (per Ecology web page). Sell-through: statute says 'until January 1, 2026'; Ecology's web pages phrase it as 'until Dec. 31 of the year the restriction takes effect'. RCW 70A.560.020(1)(a)-(h) and (2) list 9 chemicals/classes; the PFAS definition is borrowed from RCW 70A.350.010.

“For the purposes of this section, cosmetic products do not include prescription drugs approved by the United States food and drug administration.”Source: app.leg.wa.gov

“For purposes of this section, ingredients regulated as drugs by the United States food and drug administration are not subject to the restrictions established in this section.”Source: app.leg.wa.gov

“is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense.”Source: app.leg.wa.gov

“Cosmetic products transported or stored in Washington state solely for sale or distribution to consumers outside of Washington state.”Source: app.leg.wa.gov

“"In-state retailer" means a person or business, including a cosmetology business, that sells cosmetic products to end-use consumers and is located in Washington state.”Source: app.leg.wa.gov

“"Intentionally added chemical" or "intentionally added" means a chemical that serves an intended function in:”Source: app.leg.wa.gov

“"Sell" or "offering for sale" includes wholesale, online, retail, and using in a service.”Source: app.leg.wa.gov

“For manufacturers unable to achieve lead concentrations below 1 part per million (ppm), we issued an interim policy on lead in cosmetics, effective Jan 1, 2025. We will not enforce compliance with the 1 ppm limit for products that meet all the requirements of the policy while the policy remains in effect.”Source: ecology.wa.gov

“Option 1 = Lead concentration is 2 ppm or below for general cosmetics, or 5 ppm or below for color cosmetics and clay masks.”Source: ecology.wa.gov

“Option 2 = Lead concentration of color cosmetics and clay masks is above 5 ppm and below 10 ppm AND you’re monitoring lead in each batch of the product AND retaining lead concentration data and information to submit to Ecology if requested.”Source: ecology.wa.gov

“Note: TFCA doesn’t apply to chemicals in product packaging or FDA-regulated drug ingredients.”Source: ecology.wa.gov

“Retailers in Washington can sell products containing restricted chemicals until Dec. 31 of the year the restriction takes effect, only if they are already in your possession before the date the restriction takes effect.”Source: ecology.wa.gov

Cosmetic Products Restrictions rule (Formaldehyde in Cosmetics), WSR 25-18-057, Order 24-01

WAC 173-339-110(1)(b), (2)(b) · first date: January 1, 2027

“No person may manufacture, knowingly sell, offer for sale, or distribute a cosmetic product described in WAC 173-339-015(2) that contains the intentionally added formaldehyde releasers, including aliases of the chemical name and aliases of the CAS RN, in the following table.”Source: app.leg.wa.gov

Dates

• January 1, 2027: No manufacture, knowing sale, offer for sale or distribution of cosmetics containing any of the 25 listed intentionally added formaldehyde releasers (same date for manufacture and sale)

  “The restriction in subsection (2)(b) of this section takes effect on January 1, 2027.”Source: app.leg.wa.gov

• January 1, 2027: "Intentionally added" definition takes effect; under it, adding any chemical selected to release formaldehyde counts as intentionally added formaldehyde

  “This definition applies to the chemicals restricted in chapter 70A.560 RCW. This definition takes effect January 1, 2027.”Source: app.leg.wa.gov

• January 1, 2028: In-state retailers' sell-through of stock held on 2027-01-01 ends

  “may exhaust their existing stock through sales to the public until January 1, 2028”Source: app.leg.wa.gov

Products covered

Any "cosmetic product" (RCW 70A.560.010(1) = "cosmetic" in RCW 69.04.011): articles rubbed, poured, sprinkled, sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance, and their components; soap excluded. Applies whether or not the product also contains FDA-regulated drug ingredients; the drug ingredients themselves and FDA-approved prescription drugs are not covered. No leave-on/rinse-off distinction. Leave-on and rinse-off products.

Soap: Soap excluded. WAC 173-339-020 quotes the RCW 69.04.011 definition of "cosmetic", ending "except that such term shall not include soap". "Soap" itself is not defined.

“articles intended for use as a component of any such article; except that such term shall not include soap.”Source: app.leg.wa.gov

Sell-through: Only in-state retailers (located in WA, selling to end-use consumers, incl. cosmetology businesses) holding the products on 2027-01-01 may sell that existing stock to the public until 2028-01-01. No sell-through for out-of-state sellers, distributors or manufacturers.

“An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(b) of this section takes effect may exhaust their existing stock through sales to the public until January 1, 2028.”Source: app.leg.wa.gov

Adopted and codified: WAC 173-339 filed 2025-08-28 (WSR 25-18-057, Order 24-01), rule effective 2025-09-28; the releaser restriction applies from 2027-01-01. RCW 70A.560.030(2)(b) allowed an initial set of up to 10 releasers from 2026-01-01; Ecology did not use an earlier date: all 25 listed releasers apply from 2027-01-01 (no 2026 tranche). The table covers 'aliases of the chemical name and aliases of the CAS RN'. No concentration threshold. Ecology may infer intentional addition from ingredient lists, formaldehyde sampling or other information; manufacturers may rebut with a sworn statement plus credible evidence (WAC 173-339-110(2)(c)). Same exclusions as the statute (WAC 173-339-015(2)(b)). Enforcement: Ecology; RCW 70A.560.030 penalties ($5,000 first / $10,000 repeat, on manufacturers). RCW 70A.560.030(2)(d) lets Ecology add supplemental releaser lists after 2027-01-01; none adopted as of 2026-10-04.

“WSR 25-18-057 (Order 24-01), s 173-339-110, filed 8/28/25, effective 9/28/25.”Source: app.leg.wa.gov

“The department may identify for restriction an initial set of no more than 10 of the listed chemicals used in cosmetics that release formaldehyde. This restriction must take effect on or after January 1, 2026.”Source: app.leg.wa.gov

“Restrictions on the remaining listed chemicals used in cosmetics that release formaldehyde may take effect on or after January 1, 2027.”Source: app.leg.wa.gov

“Ecology may infer from any of the following actions that formaldehyde, a restricted formaldehyde releaser, or both were intentionally added.”Source: app.leg.wa.gov

“Manufacturers may rebut this inference by submitting a statement to ecology that includes the following information.”Source: app.leg.wa.gov

“In addition, the definition of "intentionally added," when applied to the restriction on formaldehyde, restricts ALL formaldehyde releasers intentionally added to a cosmetic product or ingredient when the formaldehyde functions as an antimicrobial, preservative, denaturant, cross linker, or serves another purpose.”Source: ecology.wa.gov