Washington state is taking a significant step to address toxic chemicals in cosmetics with the Toxic-Free Cosmetics Act . Beginning in January 2025, the legislation will restrict the use of nine hazardous chemicals and chemical classes in personal care products sold by many retailers. The law represents an initiative towards safer and more transparent products that benefit public health and the environment.
Leading the TFCA is Shari Franjevic with the Washington Department of Ecology. She brings years of expertise in chemical hazard assessment and safer product development. Before joining the Department of Ecology, Franjevic managed the Clean Production Action’s GreenScreen Program and educated organizations on toxic-free practices.
Q: Was the TFCA inspired by a certain study or event that called attention to this issue?
A: Our work on cosmetics started in 2020 when our Safer Products for Washington program first proposed restrictions on ortho-phthalates in cosmetics. In 2022, legislation directed us to study toxic chemicals in cosmetics, focusing on disproportionately impacted communities, especially people of color.
We tested for lead, arsenic, formaldehyde and phthalates with the Department of Health and community groups. We found phthalates in one nail product and didn’t find asbestos in anything. We then presented the report to the legislature, which declared that: one, there are toxic chemicals in cosmetic products on the market and two, there are products that don’t contain toxic chemicals.
Our report demonstrated that it’s possible to make safer products and led to the passing of the TFCA, which was signed into law in May 2023.
A table displays the nine chemicals and chemical classes with their restriction levels set by the TFCA beginning in Jan. 2025. Many of the toxic chemicals in cosmetics are used as preservatives to prevent bacterial growth or to maintain shelf-life. // Graphic by Sabrina Diamond
Q: What are the key goals of the TFCA and how does it aim to improve public health and environmental safety in Washington?
A: Our vision for this program is to equitably reduce exposure to toxic chemicals in cosmetic products and prevent the release of these specific chemicals into the environment. Toxic chemicals in cosmetic products can affect human health and the environment throughout a product's lifecycle – from manufacturing to disposal.
For example, chemicals can enter the environment when they’re rinsed off of our bodies, washed down the drain or put in the trash, creating additional exposure.
Q: With restrictions for the TFCA taking effect in January 2025, how is the Department of Ecology preparing for this next step?
A: Our first task was to get the word out, so we reached out to over 900 businesses in the state and over 25 organizations associated with the cosmetics sector. We informed everyone about this new law and invited them to join our email list, where we send out information about the law and the work we’re doing to support it.
Early on, we developed a guidance document to support everyone with the transition. It included a list of all our regulated entities so that they could investigate whether their products currently comply with the law and if not, what to do.
We recognize that some products may need to be reformulated to become compliant and want to give them the opportunity to do so. It’s a great opportunity for them to look for safer ingredients rather than just replacing them with ones that aren’t banned.
Q: How are businesses in the cosmetics industry responding to the TFCA?
A: The restriction we’re receiving the most inquiries about is the restriction we have on lead impurities because we’re restricting [to] one part per million – which is the most restrictive limit we’re aware of at this time.
There’s a really good reason for it because the more we learn about lead, the more we know that there is no safe level of lead. Lead is known as a neurotoxin, impairs brain function and has long-term chronic effects. The goal of Washington state is to reduce lead to the lowest level possible, but manufacturers are used to the FDA guidance values.
Q: What would you like to share for regular cosmetics users who may want to learn more about the TFCA?
A: It’s really important to understand that this law is intended to put the responsibility on the manufacturers to make safer products so that we, as consumers, can walk into the store and be confident in our purchases. We don’t want to have to be a toxicologist to choose safer products and there are many ways that the general consumer is benefiting from this law. The goal is to get [toxic exposure] into prevention rather than response.
A woman brushes products through her hair on Nov. 7, 2024 in Burlington, Wash. Some hair care products have been found to contain formaldehyde, but Washington’s TFCA will set restrictions on products with intentionally added formaldehyde in 2025. // Photo by Sabrina Diamond
Sabrina Diamond (she/her) is a City News reporter for The Front. She is an involved public relations major at WWU. Sabrina serves as the Director of Events and Communication for WWU’s PRSSA Chapter and proudly represents the community of future PR professionals. In her free time, she enjoys playing cozy video games like Stardew Valley. You can reach her at sabrinadiamond.thefront@gmail.com.
