On May 15, 2023, Washington State enacted HB 1047 (Toxic-Free Cosmetics Act), prohibiting the manufacture, sale, and distribution of cosmetics containing eight specified chemicals or chemical classes, including ortho-phthalates, PFAS, formaldehyde and formaldehyde releasers, methylene glycol, mercury, triclosan, m-phenylenediamine and its salts, and o-phenylenediamine and its salts. . The ban takes effect on January 1, 2025, with a one-year sell-through period allowing retailers to clear existing inventory by January 1, 2026. The Act also directed the Department of Ecology (DOE) to adopt rules addressing all formaldehyde-releasing chemicals intentionally added to cosmetics and personal care products.

In line with this mandate, the DOE adopted Chapter 173-339 WAC: Cosmetic Products Restrictions on August 28, 2025. The rule establishes a specific list of 25 formaldehyde-releasing chemicals that are prohibited when “intentionally added” to cosmetics, thereby clarifying the scope of substances subject to the ban. This regulatory detail provides manufacturers, distributors, and retailers with clear compliance guidance to ensure compliance.