FDA’s “moral failure”: EWG calls for ban of formaldehyde in hair products

The Environmental Working Group (EWG) has condemned the US Food and Drug Administration (FDA) for its continued delays in banning formaldehyde in hair-straightening products, saying the agency is putting salon workers and consumers at risk.

The federal government’s most recent Unified Agenda of upcoming rules reveals the FDA will review the proposed ban in March 2025. The FDA has missed a series of self-imposed deadlines — most recently in September — for releasing the proposal in 2024.

“The FDA remains mired in bureaucracy, leaving communities — especially women — at risk. This is not just regulatory negligence — it is a moral failure,” says EWG.

Melanie Benesh, VP of government affairs at the EWG, tells Personal Care Insights that the delay in the ban might be due to pushback from the personal care industry. The American activist group, which advocates for consumer health, is pushing for the industry to instead promote individual safety and be proactive about banning formaldehyde.

Formaldehyde is a known carcinogen, with short-term exposure linked to throat, nose and eye irritation, shortness of breath and wheezing. Prolonged use can trigger allergic reactions and increase the risk of asthma. Some studies have linked the chemical to types of throat cancer, according to the American Cancer Society.

In August, Clean Beauty Action Network put the heat on FDA Commissioner Robert Califf to act on the agency’s promise to ban toxic hair relaxers. 

In the same month, three Democratic House lawmakers — Ayanna Pressley, Shontel Brown and Nydia Velázquez — pressed the FDA to end its inaction. In a letter to the FDA Commissioner, they cited growing evidence of harm from formaldehyde in hair-smoothing products and demanded immediate safeguards.

Internal FDA emails from 2016 revealed the frustrations of its scientists concerning the delay, with one calling for urgent action: “Let’s just ban the damn ingredient.” Personal Care Insights reached out to the FDA but has not received a response.

Why does the ban keep getting delayed?
Benesh: The delay in banning formaldehyde in hair straighteners is likely due to a combination of industry pushback and limited resources. Enforcing a formaldehyde ban would require substantial effort and could face legal challenges, which the FDA may be trying to avoid. The EWG is concerned for the health of hair stylists using hair straightening products. 

This delay is also symptomatic of broader systemic issues, including the FDA’s limited authority to act swiftly on harmful chemicals. Congress should give the FDA clearer authority to ban hazardous ingredients without unnecessary delays. Despite overwhelming evidence of the dangers posed by formaldehyde in hair treatments, the FDA has failed to take action. 

Documents reveal that the FDA was aware of the risks associated with Brazilian Blowout treatments as early as 2008. Dr. Linda Katz, then director of the FDA’s Office of Cosmetics and Colors, was quoted in Allure magazine expressing concern about ingredient safety that year. In 2011, EWG petitioned the FDA to investigate misleading claims by companies that marketed their hair treatments as formaldehyde-free, highlighting these risks in the report Flat-Out Risky. At the same time, EWG asked the agency to ban formaldehyde in hair straighteners or require warning labels for products containing or releasing formaldehyde. 

In response, the FDA acknowledged the need to review formaldehyde in 2017 but denied EWG’s request to mandate warning labels. The EWG filed its latest petition with the FDA regarding formaldehyde in hair straighteners in 2021, and we are still awaiting a response. 

Can the personal care industry accelerate the process of getting formaldehyde banned in these hair products?
Benesh: The personal care industry can play a pivotal role in accelerating the process of prohibiting formaldehyde by voluntarily removing it from their products and investing in safer alternatives.

By leading the way in adopting safer formulations, the industry can demonstrate a strong commitment to public health. This proactive approach could help build consumer trust.

How does this ban affect consumers? 
Benesh: A ban on formaldehyde in hair straightening treatments would protect consumers from serious health risks, including cancer and respiratory issues.

It would send a clear message about prioritizing health over convenience or profit, and create a more transparent and accountable personal care industry. 

What can/should lawmakers do to get the ban through?
Benesh: Lawmakers should immediately address the FDA’s delay in banning formaldehyde in hair-straightening treatments. They can push for binding timelines, increased funding for the FDA and hold hearings to demand accountability from the agency. The EWG calls out the FDA for choosing profit over health. 

What are some of the biggest health concerns with formaldehyde in hair-straightening solutions?
Benesh: Prolonged exposure to formaldehyde has been linked to serious health risks, including cancer, respiratory issues, skin irritation and neurological effects, particularly in salon workers. Although the FDA has known about these dangers since at least 2015, the agency has yet to take decisive action. This issue must be addressed as a public health priority to protect consumers and salon workers. 

Past and present concerns 

An industry-funded Cosmetics Ingredient Review first raised concerns about formaldehyde in aerosolized products, including hair straighteners, in 1984. In 2011, the group declared formaldehyde “unsafe for use in hair smoothing products.”

Some states have taken matters into their own hands, with California’s Toxic-Free Cosmetics Act banning formaldehyde in personal care products starting this month. Companies like Magic Sleek are producing formaldehyde-free hair smoothing products and are seeking FDA approvals independently.

The EWG questions the FDA’s broader functionality, saying its continued failure to move forward casts serious doubt on its ability to implement and enforce the Modernization of Cosmetics Regulation Act. The organization is unsure of the fate of cosmetic regulations under the Trump administration. 

“If the next administration and Congress don’t address ongoing budget and staffing shortfalls at the FDA, it could create even more delays in needed regulatory actions,” says the EWG.