PFAS in Cosmetics: A Guide to Federal and State Regulations in the U.S.

Per- and polyfluoroalkyl substances (PFAS) are a large group of synthetic chemicals that have been used in consumer and industrial products since the 1950s. In the cosmetic industry, certain PFAS are added to improve product performance, such as conditioning and smoothing skin and hair, enhancing shine, or improving product consistency and texture.

Due to their strong carbon-fluorine bonds, PFAS are highly resistant to environmental degradation, earning them the nickname "forever chemicals." This durability has led to widespread environmental contamination and bioaccumulation in humans and wildlife, raising significant concerns about potential health and environmental risks.

Research has linked exposure to certain PFAS to adverse effects, including hormonal disruption, immune system impairment, developmental issues in children, and an increased risk of certain cancers. In response to these risks, many countries and regions have begun introducing regulations to limit the production and use of PFAS. This article focuses on the regulatory framework for PFAS in cosmetics in the United States.

Federal Regulations

Currently, there is no nationwide ban on PFAS in cosmetics in the United States. For years, the U.S. Food and Drug Administration (FDA) has monitored the use of PFAS through its Voluntary Cosmetic Registration Program (VCRP), which tracks over 30 types of PFAS used in cosmetic formulations. Although the FDA has not established specific regulations, PFAS in cosmetics is under increasing regulatory scrutiny.

A major development in this regard was the enactment of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), the first substantial update to the Federal Food, Drug, and Cosmetic (FD&C) Act since its enactment in 1938. MoCRA introduces significant new provisions addressing PFAS, including:

• Safety Assessment: The FDA is mandated to assess the use of PFAS in cosmetic products and the scientific evidence related to the safety of their use in cosmetic products, including any risks associated with their use. This process may involve consultation with the National Center for Toxicological Research to ensure a comprehensive safety assessment.

• Public Report: The FDA must publish a report summarizing the findings of its PFAS safety assessment, ensuring that the information is publicly available on the FDA’s website.

These provisions signal a proactive stance by lawmakers, empowering the FDA to investigate the risks associated with PFAS in cosmetics and laying the groundwork for potential future regulations. 

State Regulations

At the state level, numerous U.S. states have taken more assertive actions to regulate PFAS in cosmetics, often ahead of federal efforts. As of now, eleven states have passed legislations banning PFAS in cosmetics and personal care products, targeting either specific PFAS compounds or the entire class of substances. These state laws commonly define PFAS as "a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom." Most of these regulations are set to take effect in January 2025. 

States with Adopted PFAS Laws for Cosmetics

1. California

California has been at the forefront of regulating PFAS in cosmetics. On September 30, 2020, California enacted the Toxic-Free Cosmetics Act (Assembly Bill No. 2762), which prohibits 13 specific PFAS compounds and 11 other harmful chemicals in cosmetics. The banned PFAS and their salts include:

1. Perfluorooctane sulfonate (PFOS); heptadecafluorooctane-1-sulfonic acid (CAS No. 1763-23-1)

2. Potassium perfluorooctanesulfonate; potassium heptadecafluorooctane-1-sulfonate (CAS No. 2795-39-3)

3. Diethanolamine perfluorooctane sulfonate (CAS No. 70225-14-8)

4. Ammonium perfluorooctane sulfonate; ammonium heptadecafluorooctanesulfonate (CAS No. 29081-56-9)

5. Lithium perfluorooctane sulfonate; lithium heptadecafluorooctanesulfonate (CAS No. 29457-72-5)

6. Perfluorooctanoic acid (PFOA) (CAS No. 335-67-1)

7. Ammonium pentadecafluorooctanoate (CAS No. 3825-26-1)

8. Nonadecafluorodecanoic acid (CAS No. 355-76-2)

9. Ammonium nonadecafluorodecanoate (CAS No. 3108-42-7)

10. Sodium nonadecafluorodecanoate (CAS No. 3830-45-3)

11. Perfluorononanoic acid (PFNA) (CAS No. 375-95-1)

12. Sodium heptadecafluorononanoate (CAS No. 21049-39-8)

13. Ammonium perfluorononanoate (CAS No. 4149-60-4)

Subsequently, on September 29, 2022, California passed Assembly Bill No. 2771, which expands the prohibition by disallowing the manufacture and sale of any cosmetics with intentionally added PFAS. This bill also defines PFAS as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. Both Assembly Bill No. 2762 and Assembly Bill No. 2771 are set to take effect from January 1, 2025.

2. Maryland

On May 30, 2021, Maryland enacted HB 0643, which mirrors California's AB 2762 by prohibiting the manufacture, sale, and distribution of cosmetic products containing the same 24 toxic chemicals from January 1, 2025. This includes 13 specific types of PFAS, along with 2 types of phthalates, mercury, and other harmful substances.

3. Maine

On July 15, 2021, Maine enacted LD 1503, which targeted products containing PFAS. This was further revised with the enactment of An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (S.P. 610 - L.D. 1537) on April 16, 2024. These revisions extended and clarified the restrictions on PFAS in cosmetics. 

Under the amended law, starting January 1, 2026, Maine will ban the sale of:

• Cosmetic products containing intentionally added PFAS.

• Cosmetics that do not contain intentionally added PFAS but are packaged in fluorinated containers or containers with intentionally added PFAS. 

In this Act, "PFAS" is broadly defined as an any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The term "cosmetic product" encompasses any product intended for use as a component of another cosmetic, excluding soap and prescription-only products. 

4. Colorado

On June 3, 2022, the Governor of Colorado signed the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act (House Bill 22-1345) into law, prohibiting the sale or distribution of certain products with intentionally added PFAS chemicals, including cosmetics. The ban will be phased in, with the sales ban on cosmetic products scheduled to take effect on January 1, 2025.

The Act defines intentionally added PFAS as chemicals deliberately included in a product to achieve a functional or technical effect, as well as any intentional breakdown products of these chemicals. It broadly defines cosmetics to include items such as skin moisturizers, perfumes, lipsticks, nail polishes, eye and facial makeup preparations, shampoos, conditioners, permanent waves, hair dyes, and deodorants. Prescription products and products using hydrofluoroolefins as propellants are specifically excluded from this definition.

5. Washington

On May 15, 2023, Washington passed HB 1047. As per the bill, effective January 1, 2025, the manufacture, sale, and distribution of cosmetics containing eight specified chemicals and chemical classes are prohibited in Washington. These restricted substances include ortho-phthalates, PFAS, formaldehyde and formaldehyde releasers, methylene glycol, mercury, triclosan, m-phenylenediamine and its salts, and o-phenylenediamine and its salts. Retailers within the state are provided with a one-year sell-through period to deplete existing stock by January 1, 2026 

Under HB 1047, "PFAS chemicals" are defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The term "cosmetic" encompasses products intended for use as a component of any such article but excludes soap.

6. Minnesota

On May 24, 2023, the governor of Minnesota signed HF 2310, a bill encompassing policies on environment, natural resources, climate, and energy. The legislation includes a broad ban on PFAS, defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Effective from January 1, 2025, Minnesota will prohibit the sale, offering for sale, and distribution of 11 product categories containing intentionally added PFAS, including cosmetics, carpets or rugs, cleaning products, and cookware. For the purposes of this law, "cosmetic" includes products intended as components of other cosmetics but excludes soap.

The law outlines a phased approach to expanding restrictions:

• Between January 1, 2025, and January 1, 2032, the Minnesota Pollution Control Agency (PCA) will prioritize the prohibition of product categories deemed by the commissioner as posing the greatest risk to the state’s environment and natural resources.

• From January 1, 2032, the sale of any product containing intentionally added PFAS will be banned, unless authorities determine that PFAS use in specific products is currently unavoidable. The initial 11 product categories prohibited in 2025 are excluded from this "unavoidable use" consideration. 

The law also mandates product manufacturers to disclose the presence of PFAS to the PCA by January 1, 2026. Non-compliance with the disclosure requirements will result in a ban on the sale, offering for sale, or distribution of such products in Minnesota.

7. Oregon

On July 31, 2023, Oregon passed Senate Bill 546, requiring the Oregon Health Authority to establish and maintain a list of designated high-priority chemicals present in cosmetic products, along with practical quantification limits for each chemical. This list will be reviewed and updated regularly.

Scheduled to be effective from January 1, 2027, the bill also bans the manufacture, sale, and distribution of cosmetic products containing intentionally added PFAS and seven other chemicals or chemical classes above their practical quantification limits. The restricted chemicals are:

1. Ortho-phthalates;

2. Perfluoroalkyl and polyfluoroalkyl substances;

3. Formaldehyde (CAS No. 50-00-0) and formaldehyde releasing agents;

4. Methylene glycol (CAS No. 463-57-0);

5. Mercury and mercury compounds (CAS No. 7439-97-6);

6. Triclosan (CAS No. 3380-34-5);

7. m-phenylenediamine and its salts (CAS No. 108-45-2);

8. o-Phenylenediamine and its salts (CAS No. 95-54-5).

The law defines PFAS as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. Cosmetic products include those marketed to professionals but explicitly exclude soap, dietary supplements, and food and drugs regulated by the U.S. FDA. 

8. Vermont

On May 30, 2024, the governor of Vermont signed S.25 into law. The bill prohibits manufacturers from producing, selling, or distributing any cosmetic or menstrual product containing intentionally added PFAS, phthalates, formaldehyde, mercury, and lead, among other chemicals. The regulations concerning the cosmetic sector outlined in the bill are set to come into force on January 1, 2026. 

The list of prohibited chemicals include:

1. ortho-phthalates;

2. PFAS;

3. formaldehyde (CAS 50-00-0);

4. methylene glycol (CAS 463-57-0);

5. mercury and mercury compounds (CAS 7439-97-6);

6. 1, 4-dioxane (CAS 123-91-1);

7. isopropylparaben (CAS 4191-73-5);

8. isobutylparaben (CAS 4247-02-3);

9. lead and lead compounds (CAS 7439-92-1);

10. asbestos;

11. triclosan (CAS 3380-34-5);

12. m-phenylenediamine and its salts (CAS 108-42-5);

13. o-phenylenediamine and its salts (CAS 95-54-5);

14. quaternium-15 (CAS 51229-78-8).

PFAS is defined under this bill as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The term "cosmetic products" encompasses items intended for both consumer and professional use but excludes soap, dietary supplements, and products classified as food and drugs regulated by the U.S. FDA.

9. Connecticut

On June 5, 2024, Connecticut introduced Senate Bill No. 292, a progressive measure to phase out and ultimately ban PFAS in various consumer products, including cosmetics, cleaners, cookware, textiles, and children's products. The bill defines PFAS as all fluorinated organic chemicals containing at least one fully fluorinated carbon atom. In this legislation, "cosmetic product" excludes soap and does not include prescription products and hydrofluorocarbons or hydrofluoroolefins used as propellants in cosmetics.

Under the law, starting July 1, 2026, Connecticut will prohibit the manufacture, sale, or distribution of cosmetics that intentionally contain PFAS unless manufacturers provide prior notification to the Connecticut Department of Energy and Environmental Protection (DEEP). Additionally, these products must be labeled with DEEP-approved words or symbols indicating the presence of PFAS. Labels are required to be durable enough to remain legible throughout the product’s useful life. The law escalates restrictions further by imposing a complete ban on the manufacture, sale, or distribution of all cosmetics containing intentionally added PFAS, effective January 1, 2028.

10. Rhode Island

On June 26, 2024, the governor of Rhode Island signed the Senate Bill No. 2152 into law, prohibiting the intentional addition of PFAS in nine product categories, including cosmetics, cookware, and menstrual products sold or manufactured in the state. This prohibition will become effective on January 1, 2027.

For the purposes of this law, "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. "Cosmetics" include products intended as components of other cosmetics but exclude soap.

11. New Hampshire

On August 2, 2024, the governor of New Hampshire signed House Bill 1649 into law, establishing a ban on the intentional use of PFAS in eight product categories sold within the state, including cosmetics, feminine hygiene products, and food packaging. The bill adopts the definition of PFAS outlined in the PFAS reporting and recordkeeping regulation under the Toxic Substances Control Act (TSCA) (40 CFR 705.3), differing from the definitions used in other states like California and Colorado. 

This PFAS ban will come into force on January 1, 2027. However, certain exemptions apply:

• Products made with at least 85% recycled content.

• Products manufactured before the ban’s effective date.

• Replacement parts for products manufactured before the ban’s effective date. 

States in Progress of PFAS Regulations

In addition to the states with enacted PFAS bans, many other states, including Hawaii, Illinois, New Jersey, New York, Tennessee, and Wisconsin, are in the process of introducing or considering similar regulations for PFAS in cosmetics and personal care products.

If these pending bills are approved, they would implement restrictions or outright bans on specific PFAS ingredients or all PFAS in such products, further advancing regulatory efforts to limit the use of harmful chemicals in consumer goods.

Conclusion

The tightening of PFAS regulations across the United States signals a shift towards more stringent environmental and public health policies. This trend is expected to drive innovation in safer chemical alternatives and promote sustainable industrial practices within the cosmetic industry. Businesses shall proactively adapt by collaborating with suppliers offering PFAS-free materials, carrying out product reformulations, conducting necessary testing, etc. to eliminate or reduce PFAS, thereby ensuring compliance with new regulations.

Moreover, while many state PFAS regulations share similarities, each has distinct requirements. To effectively navigate this complex regulatory landscape and minimize risks, cosmetics stakeholders are required to thoroughly understand state-specific laws and closely monitor the evolving PFAS restrictions and enforcement of pertinent laws and regulations.

For an in-depth understanding of PFAS regulations in cosmetics across various global regions and compliance requirements, ChemLinked strongly recommends attending our webinar: 

#Webinar

PFAS Regulations in Cosmetics: A Global Regulatory OverviewPer- and polyfluoroalkyl substances (PFAS) are a diverse group of synthetic chemicals used in various consumer and industrial products, including cosmetics like lipsticks, eyeshadows, and moisturizers. Growing concerns about their slow breakdown and accumulation in humans, animals, and the environment have raised potential health risks. Consequently, many regions are implementing regulations to control and restrict PFAS use in cosmetics to mitigate associated health and environmental hazards.This webinar provides a comprehensive overview of the current global regulations governing the use of PFAS in cosmetic products. It aims to equip stakeholders with the knowledge needed to make informed decisions, foster collaborations, and implement effective measures to protect public health and preserve the environment.This webinar is one of the sessions of ChemLinked's virtual event - Sustainability 360°: Navigating the Global Regulatory Landscape. From November to December, there are a series of insightful webinars covering key topics such as PFAS, EPR, Environmental Information Disclosure, EU Green Deal, EU Green Claims Directive, Green Transition, Recycled Plastics, Packaging, and Design across various regions. This event offers a unique opportunity for businesses to gain a comprehensive understanding of the regulatory landscape and operational implications. Explore now.