Washington edges closer toward landmark anti-PFAS legislation banning dangerous cosmetic chemicals

11 Apr 2023 --- The Washington State Senate has passed a restrictive legislation to ban per- and polyfluoroalkyl substances (PFAS, also known as “forever chemicals”), lead, phthalates, formaldehyde and formaldehyde releasers, and other harmful chemicals used in cosmetics and personal care products in the US state. Studies have shown that women of color are disproportionately exposed to harmful chemicals in cosmetics.

If signed, the “first-ever” bill will be the strongest state law in the country regulating toxic chemicals in cosmetics and personal care products.

“You shouldn’t have to be a toxicologist to shop for your cosmetics,” remarks Washington state Representative, Sharlett Mena (D-Tacoma).

“When we go to the store, we assume that a product on the shelf is safe, but that isn’t always the truth,” she stresses. “When we find these toxics in certain cosmetics, it doesn’t mean that everybody is getting just a little bit of exposure.”

“A lot of us go back to the same products and the same brands, so functionally, some of us are getting more exposure than others.”

The Washington Department of Ecology uncovered that many of the products that contain the most harmful toxic chemicals are those targeted towards women of color.The Washington Department of Ecology uncovered that many of the products that contain the most harmful toxic chemicals are those targeted towards women of color. 

“I am proud that Washington is taking a stand and leading the nation by banning these harmful products. This bill will ensure that the products that we use over and over again are not harming us or the environment.”

Eliminating an “outrageous” consumer headache
The Toxic-Free Cosmetics Act (HB 1047) – sponsored by Washington State Representative Sharlett Mena (29th Legislative District) – passed in the Senate with a vote of 28-20 (with 1 abstention).

The bill passed in the Washington State House of Representatives on March 1, 2023, with a vote of 55-41. It now heads back to the House of Representatives for a concurrence vote before moving to the Governor’s desk for final approval. 

“It is outrageous that we have to worry about PFAS and other hazardous chemicals in products we apply to our bodies that are then washed down the drain and wind up in our waterways,” comments Laurie Valeriano, executive director, Toxic-Free Future.

“This bill will set a national precedent in protecting us from unnecessary exposures to dangerous chemicals like PFAS, lead and formaldehyde, and will increase the availability of safer products,” she asserts.

“We urge the House of Representatives to concur and send this important public health measure to Governor Jay Inslee for his signature.”

A pervasive health risk
Earlier this year, the Washington State Department of Ecology tested 50 products marketed to or used by people of color and found high levels of formaldehyde, a known carcinogen, in certain hair products, creams and lotions.

The legislation comes at a time when retailers are increasingly adopting policies to phase out and ban toxic chemicals in beauty and personal care products.The Department of Ecology’s tests also found lead at concentrations greater than 1 ppm in two dark-tint powder foundations and one lipstick, despite there being no safe amount of lead according to both the Centers for Disease Control and Prevention and World Health Organization.

The report also describes the use of chemicals that are largely unregulated in skin lotions, hair conditioning treatments and styling gels, lip and eye makeup, and deodorant, including some linked to cancer, hormone disruption and developmental and reproductive harm.

A recent study by the American Journal of Obstetrics and Gynecology discusses the environmental justice impacts of beauty and states that people of color use more beauty products and are disproportionately exposed to toxic chemicals as compared to white consumers, with Black consumers purchasing nine times more ethnic hair and beauty products than other groups.

Retailers close in on toxic chemicals
The legislation comes at a time when retailers are increasingly adopting policies to phase out and ban toxic chemicals in beauty and personal care products, according to the Retailer Report Card.

A recent study found that toilet paper is an “unexpected source of PFAS,” which can linger in the body without degrading or leaving. These forever chemicals have been detected in wastewater across several continents.

Retailers including Credo Beauty, CVS Health, Rite Aid, Sephora, Target, Ulta Beauty, Walgreens, Walmart and Whole Foods Market have been working to reduce and eliminate harmful chemicals such as phthalates, parabens, PFAS and/or formaldehyde releasers in their beauty and personal care products. 

Some of these major retailers have reported already substantive progress in addressing harmful chemicals in beauty products. Sephora recently reported it has achieved a 39.5% reduction in brand-name beauty products with one or more toxic chemicals.

Walmart has reduced priority chemicals by 37 million pounds in key product categories such as cosmetics, personal care, household cleaners and formulated baby care products.

Sephora recently reported it has achieved a 39.5% reduction in brand-name beauty products with one or more toxic chemicals.Meanwhile, in online retail, several mercury watchdog groups have called on Amazon and other platforms to stop all sales of skin-lightening products after discovering that some contain high levels of toxic mercury. They underscore a lack of legal accountability for webshops across global markets – a significant gray area in public health and safety policy – as some products’ mercury content are over 8,000 times above the legal limit.

Global regulatory efforts
Last February, the state of New York prohibited the sale of cosmetics and beauty products containing mercury in stores and online as governor Kathy Hochul signed the bill into its final status at the end of last year. In California, Governor Gavin Newsom signed a new Bill last October that bans intentionally added PFAS chemicals to cosmetics sold in the state.

In developments abroad, New Zealand’s Environmental Protection Authority recently proposed to ban the use of all PFAS chemicals in cosmetic products starting in 2026.

The European Commission has been working with the European Chemicals Agency committees, who have conducted evaluations of the proposed restriction of PFAS. It is expected that the first discussions of the first draft opinions will take place by September 2023.

Meanwhile, Intrapore has linked up with chemicals supplier Evonik in Europe to expand the reach of its remediation technologies, which are designed to remove traces of toxic PFAS in soil and groundwater.

By Benjamin Ferrer