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Washington State Toxic-Free Cosmetics Act (HB 1047) — statutory cap on heavy metals in cosmetic products

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Overview

The Toxic-Free Cosmetics Act (TFCA) is a Washington State statute enacted in 2023 (Chapter 455, Laws of 2023, codified in RCW 70A.560; the RCW history notes cite 2023 c 455), with effective date 1 January 2025. It establishes binding state-level caps on heavy metals and other priority chemicals in cosmetic products sold in Washington State.

Key numbers

  • Lead (Pb) in toothpaste: 1000 µg/kg (1000 ppb, 1 mg/kg, 1 ppm) statutory cap on finished product as sold.
  • Lead in other cosmetic products: RCW 70A.560.020 prohibits any cosmetic product containing lead at 1 ppm (1000 µg/kg) or above, including lead present as an impurity (WA Ecology WAC 173-339 rulemaking implements the contaminant reading). This is a general finished-cosmetic cap, not toothpaste-specific, and it reaches lipsticks, eye products, makeup, hair-care and other personal-care items. Effective 2025-01-01. It does not reach OTC drug products (sunscreens, antiperspirants, diaper skin-protectants, depilatories) or non-cosmetic articles (tattoo inks), which fall outside the RCW 69.04.011 cosmetic definition.
  • Other heavy metals (Cd, Hg, As): cadmium and arsenic are NOT restricted under the TFCA — they fall under Washington’s Children’s Safe Products Act (RCW 70A.430). Mercury under the TFCA (RCW 70A.560.020(1)(e)) is intentionally-added-only with no numeric ppm cap. Verified 2026-08-17 against RCW 70A.560 and WA Ecology guidance.

Statutory text (Chapter 70A.560 RCW, certified 7/12/2024)

RCW 70A.560.020(2): beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in Washington “any cosmetic product that contains intentionally added lead or lead compounds (CAS 7439-92-1), lead or lead compounds at one part per million (ppm) or above, or as otherwise determined by the department through rule making.” The rule has two prongs: intentionally added lead at any level, and lead from any source at or above 1 ppm. RCW 70A.560.020(1)(e) restricts intentionally added mercury and mercury compounds. Subsection (3) lets in-state retailers sell existing stock until January 1, 2026. Subsection (7) excludes FDA-approved prescription drugs from “cosmetic product” and states that ingredients regulated as drugs are not subject to the restrictions. Cosmetic product has the meaning of “cosmetic” in RCW 69.04.011 (RCW 70A.560.010(1)). Penalties are up to 10,000 for repeat offences (RCW 70A.560.030(4)). Baby lotions, baby oils, and baby powders sold as cosmetics in Washington fall within the definition.

Methods

The statute does not specify a dedicated analytical method. The Washington State Department of Ecology and rulemaking under TFCA defer to standard cosmetic-industry analytical practice for total heavy metals in finished products: nitric acid + hydrogen peroxide microwave digestion followed by ICP-MS quantification. LOD/LOQ at least an order of magnitude below the cap (~10-100 ppb) is expected for defensible exceedance determinations.

Implications

Certification: The TFCA is the operative US binding cap for Pb in toothpaste; HMT&C Cat 2 toothpaste row threshold-setting references this regulation as the literature/regulatory floor for the US market. EU Regulation (EC) No 1223/2009 sets no numeric finished-product lead cap; it prohibits lead as an ingredient and allows unintended traces only where technically unavoidable under good manufacturing practice (see Technically avoidable heavy metal contents in cosmetic products, whose German orientation value for cosmetics in general is 2.0 mg/kg). Health Canada’s cosmetic lead guidance is 10 ppm (10,000 ppb).

Courses: A useful worked example of state-level cosmetic regulation filling the federal gap (FDA does not set a binding finished-product Pb cap for toothpaste).

App: Country-of-origin or state-of-sale “US-WA” triggers the 1000 ppb Pb finished-product cap for toothpaste and other cosmetic categories covered by the TFCA.

Update history

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