Washington State cracks down on harmful chemicals in personal care and packaging

21 Jun 2023 --- The Washington State Department of Ecology, US, has implemented a regulatory program to reduce toxic chemicals in consumer products and increase product ingredient transparency.

The requirements and restrictions will apply to priority consumer products that contain priority chemicals. Ecology will ban PFAS in water-resistance treatments, commonly used in packaging materials; phenolic compounds in laundry detergent and F&B can linings; and ortho-phthalates in personal care products and fragrances.

“Consumers use hundreds of items every day, many of which contain chemicals that are hazardous to human health and the environment,” writes the department.

The Ecology department adds the new rule to regulate hazardous chemicals in consumer products in Chapter 173-337 WAC – Safer Products Restrictions and Reporting. The restrictions will become effective starting July this year – some manufacturers, distributors and retailers must comply with consumer product regulations in 2025.

Manufacturers violating the new rules will face penalty fees, flags the Chapter. Up to US$5,000 will be fined for each violation in the case of a first offense. Repeat violators will face a penalty not to exceed US$10,000 for each offense.

Washington State bans PFAS, commonly used as a grease-repellent in food packaging. Removing chemicals
Consumers are becoming increasingly aware of chemicals in products and packaging that could harm their health. This is witnessed through trends such as paraben-free shampoo and aluminum-free deodorants.

According to Innova Market Insights, the indexed number of launches tracked with the paraben-free claim witnessed a 7% annual growth between 2018 and 2022.

PFAS is commonly used in paper packaging as a water-repellent and grease-proofing treatment and has been linked to various health issues. PFAS is a chemical that has received much attention in recent years as bans roll in to reduce the chemical’s presence in people’s everyday lives. 

Similarly, New York State officially banned PFAS chemicals in food packaging materials on January 1. The ban is enforced under the Hazardous Packaging Act and applies to any packaging products designed for direct food contact. 

The nation’s move to ban these “forever chemicals” follows a bipartisan amendment passed by the US Senate Committee on Health Education Labor and Pensions in June last year, which sought to bring a nationwide restriction on PFAS chemicals.

Additionally, the Chapter says no person may manufacture, sell or distribute beverage cans that contain a bisphenol-based epoxy can liner. Regarding food cans, the manufacturer must provide notice that the packaging includes a bisphenol-based epoxy can liner. Phthalates not confirmed by the FDA as harmful will be banned in fragrances in Washington State. 

Phthalates in personal care 
According to the US FDA, ortho-phthalates, often called “phthalates,” are chemicals used in plastic products such as polyvinyl chloride, PVC or vinyl to make materials soft and less brittle. 

The FDA currently allows nine phthalates in food contact packaging to produce food contact polymers. Phthalates are not authorized to be directly added to food. According to the agency, phthalate diethyl phthalate is commonly used in fragrance products and does not pose known risks to human health or the environment. Nonetheless, these phthalates will no longer be allowed in personal care and fragrances in Washington state. 

However, the restrictions do not apply to ortho-phthalates used in beauty or personal care products for purposes other than as a solvent or fixative for fragrances. 

For laundry product manufacturers, the Chapter restricts the manufacturing, selling or distribution of products containing more than 1,000 ppm of alkylphenol ethoxylates, individually or combined.

Laundry detergent with alkylphenol ethoxylates is included in the Washington State ban. According to Toxic Free Future, alkylphenols and their ethoxylates are chemicals used mainly as surfactants in commercial detergents and cleaners. However, their “breakdown products include persistent toxic chemicals that build up in fish and wildlife.”

Unregulated chemicals
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 particular hair products, creams and lotions.

The Department of Ecology’s tests also found lead at concentrations greater than one ppm in two dark-tint powder foundations and one lipstick, despite no safe amount of lead, according to the Centers for Disease Control and Prevention and WHO.

The report also describes the use of chemicals 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.

By Sabine Waldeck