Kendall Henry
Associate Editor
Loyola University Chicago School of Law, JD 2027
Have you ever considered the cost of beauty? The health cost, not the financial one, although both are considerably pricey. A bonded lash, a swipe of nail polish, a hair straightening treatment, and many other cosmetic and personal care products may contain harmful chemicals, including formaldehyde – a colorless carcinogen – or formaldehyde-releasers, like methylene glycol or dimethyl hydantoin (DMDM).
The Environmental Protection Agency (EPA) found that formaldehyde poses an “unreasonable risk of injury to human health” in its most recent risk evaluation under the Toxic Substances Control Act (TSCA), which provides the EPA with the authority to regulate chemical use. A study found that 53% of the participants used at least one personal care product that contained formaldehyde or a formaldehyde-releaser, although only 4% of those products listed these as ingredients. Additionally, 58% of hair products and 47% of skin care products contained DMDM. In another recent study, 15 of 20 professional-grade eyelash glues tested positive for formaldehyde.
The effects of formaldehyde air level exposure of over 0.1 ppm are eye, nose, throat, and skin irritation in the short term and certain cancer diagnoses in the long term, according to the National Cancer Institute. Notably, Black and Latina women are more susceptible to the long-term effects of formaldehyde exposure due to the higher prevalence of its use. A study published in 2022 noted more uterine cancer diagnoses in Black women who used hair straightening products containing formaldehyde. Black Women for Wellness, a nonprofit that works at the intersection of beauty and justice, quotes that cosmetic and personal care products containing formaldehyde are disproportionately marketed to Black women.
So who is cutting the check?
Nonprofit organizations such as Black Women for Wellness, Environmental Working Group, and Women’s Voices of the Earth have been leading the charge for regulations on formaldehyde – and its equivalents – by petitioning government agencies for the past two decades. Before President Biden signed the Modernization of Cosmetics Regulation Act (MoCRA) into law in 2022, cosmetic products such as perms, were inconsistently regulated. MoCRA grants the Food and Drug Administration (FDA) record access and recall authority and sets forth industry requirements such as adverse event reporting, product listing, and facility registration.
Additionally, the 50-year-old TSCA has only begun its risk management process of formaldehyde this year! The FDA has not yet taken direct, permanent regulatory action. The FDA’s proposed rule on the use of formaldehyde and other formaldehyde-releasing chemicals in hair straightening and smoothing products has been delayed for over a year. Additionally, the rule only addresses one type of cosmetic product, hair smoothing and straightening products, whereas studies reveal the existence of these chemicals in a wide variety of products, such as body soap, oils, and lotions. This means there is a high risk of repeated exposures to consumers that have been left unregulated.
In the meantime, states are stepping up. California, Washington, and Maryland have taken strong initiatives by enacting regulations that went into effect on January 1, 2025. Passed in 2020, California’s Toxic-Free Cosmetics Act bans the sale, manufacture, delivery, hold, or offer of formaldehyde, formaldehyde releasers, and 20 other toxic chemicals, including per- and polyfluoroalkyl substances (PFAS), commonly known as “forever-chemicals”. Similarly, Maryland’s House Bill 643 prohibits knowingly selling, manufacturing, and distributing toxic chemicals found in cosmetics, including formaldehyde and formaldehyde releasers. Washington’s Toxic Free Cosmetics Act (TFCA) closely follows California and Maryland with the commerce prohibition of formaldehyde, releasers, and six other chemicals within or into the state. Non-compliance with current state regulations range from civil penalties up to $5,000 for a first-time offense to a maximum of $10,000 for a repeat offender. Many other states are also following suit. Illinois has a pending regulation prohibiting the sale and manufacture of cosmetics with formaldehyde.
What can consumers do now?
Even the Occupational Safety and Health Administration (OSHA) admits that it can be tricky to for consumers to determine whether products contain formaldehyde or any of the plethora of its releasers. So, what can be done? During this waiting period, consumers can opt to use safer brands by consulting sites like Skin Safe, which provides an extensive catalog of beauty, household, and personal care products that are free of harmful chemicals and allergens. Consumers can also shop at large retailers like Sephora and Ulta Beauty, which have begun offering cosmetic and personal care products without formaldehyde and its releasers, according to Toxic-Free Future’s 2024 Retailer Report Card.
While states with formaldehyde regulations are often leaders in the lawmaking arena, there is a clear need for universal regulatory compliance to protect consumers. The average person uses over five personal grooming or cosmetic products a day. No product aimed at typical grooming and beautification should cost your health. It is time for universal regulation. It is time for the check to clear.