The Washington Department of Ecology (Ecology) started a rulemaking under the authority of Chapter 70A.560 RCW: Toxic-Free Cosmetics Act, to identify a feasible approach to regulating lead in cosmetic products, including potentially adopting a different limit on lead impurities than the statutory limit of 1 part per million (ppm). Ecology will work with interested parties to: • Better understand compliance challenges with the statutory limit. • Determine the lowest feasible limit that manufacturers can achieve that is also protective of people and the environment. Background In 2023, the Washington State Legislature passed the Toxic-Free Cosmetics Act to restrict the manufacture, sale, and distribution of cosmetic products containing certain chemicals, including lead and lead compounds. The law applies to cosmetic products such as makeup, perfume, shampoo, lotion, deodorant, shaving cream, and toothpaste. After meeting with many cosmetics manufacturers, Ecology learned that a strict 1 ppm limit can be difficult, if not impossible, for some cosmetic products to achieve. Lead is a naturally occurring metal that can be in raw ingredients such as minerals and clay that are used in cosmetics. Ingredients used for pigments are a common source of lead impurities, but manufacturers have limited pigment options approved by the federal Food and Drug Administration. The variability of lead concentrations in ingredients can prevent manufacturers from complying with the statutory limit of 1 ppm. Product testing data from Germany and the United Kingdom shows that 90 percent of cosmetic products can achieve lead concentrations of 2 ppm for general cosmetics (such as lotion or cleansers) and 5 ppm for color cosmetics (such as blush or eye shadow). While there may be some variability in lead concentrations by geographic location, the data supports the technical feasibility of lower concentrations. Interim policy Ecology also issued an interim policy to provide compliance guidance to manufacturers while we conduct the rulemaking. This interim policy gives: • Manufacturers more time to comply with the lead restriction. • Ecology more time to collect information. • Manufacturers alternative paths to compliance for cosmetic products that are unable to achieve lead concentrations below 1 ppm. We are committed to supporting businesses with their compliance efforts. Contact us at ToxicFreeCosmetics@ecy.wa.gov with questions or concerns.