Washington State Takes Regulatory Steps Toward Non-Toxic Cosmetics

In House Bill 1047 — introduced on January 9, 2023, and sponsored by representative Sharlett Mena — Washington state has begun to take regulatory steps toward non-toxic cosmetics. The bill intends to prohibit any toxic chemicals in cosmetic products, following in the footsteps of other states, such as California.

This action follows multiple alarming conclusions earlier this year regarding widely used cosmetics. On October 17, 2022, the NIH announced a link between permanent hair-straightening products, used predominantly by Black women, and uterine cancer, increasing the risk of uterine cancer by 4.05% for those who frequently used these products.

Additionally, after a voluntary recall by Unilever North America of their dry shampoo due to the presence of benzene — a known carcinogen — Valisure LLC conducted an independent study, determining that nearly 70% of dry shampoo samples had excessive benzene concentrations and calling for additional recalls.

Alongside the findings from these 2022 studies, the bill is supported by data collected from the Washington Department of Ecology. The department gathered information from Black and Biracial individuals living in Washington on their cosmetics products, including but not limited to lotion, hair treatments, and makeup.

After careful analysis and product testing, the department found formaldehyde in 26 of the 30 lotions and hair products, with concentrations varying from 39.2 parts per million (ppm) to 1660 ppm. According to the department, levels over 200 ppm can cause allergic reactions in sensitive individuals. The CDC notes that extended exposure to formaldehyde has been associated with increased cancer risk and breathing problems.

Additionally, some products had a relatively high lead concentration. Two dark-tint powder foundations and one lipstick had more than one ppm of lead. According to the CDC, lead exposure in children may damage the brain and nervous system and alter school performance. While these products are not intended for use by children, having them in the home can lead to extended exposure and consequential effects.

Furthermore, one of these foundations had a lead concentration of 5.5 ppm and an arsenic concentration of 2.1 ppm. The researchers juxtaposed these findings with data from a 2017 study published in the Journal of Consumer Protection and Safety which determined that cosmetics companies could feasibly keep lead levels below 5 ppm and arsenic levels below 0.5 ppm in powder foundation. The WHO notes that long-term arsenic exposure has been linked to cancer, skin lesions, cardiovascular disease, poor cognitive development in children, and more.

“The widespread presence of hazardous chemicals in a variety of cosmetic products means it is possible for people to be exposed to many of them through their daily personal care routine. People of color in Washington may have more exposure to these or other harmful substances. For many people of color, the negative impact of harmful cosmetics is compounded by other environmental and social factors,” said the department in the report.

With the abundance of data collected by multiple resources, it is clear that the composition of certain cosmetics can have unfavorable impacts on the user’s health. Taking that into consideration, this new bill will continue to be discussed. If approved, cosmetics companies will have to alter their manufacturing strategies. Additionally, Washington will have to determine how to enforce these standards.