The increasing scrutiny around per- and polyfluoroalkyl substances (PFAS), often called “forever chemicals,” has prompted a wave of regulatory actions and industry responses within the cosmetics sector. PFAS, used for their water-resistant and long-lasting properties, are now under regulatory review due to their potential health risks and environmental impact. Understanding and adapting to the evolving regulations and compliance requirements is crucial for cosmetic brands aiming to stay ahead of the curve.
What are PFAS, and Why Are There Concerns?
PFAS are a group of synthetic chemicals known for their durability and resistance to heat, water, and oil. These properties make them appealing for various applications, including non-stick cookware, firefighting foams, and cosmetics. PFAS enhances product longevity, water resistance, and spreadability in the beauty industry, particularly in foundations, mascaras, and sunscreens.
However, PFAS are nicknamed “forever chemicals” because they do not easily break down in the environment, leading to bioaccumulation and potential adverse effects on human health. Studies suggest links between PFAS exposure and a range of health issues, including hormonal disruptions, weakened immune systems, and even increased cancer risks. Consequently, regulatory bodies worldwide are taking action to limit or ban their use in cosmetic products.
Regulatory Developments Around the World
The regulatory landscape for PFAS in cosmetics is rapidly evolving, with new legislation emerging in several key markets. Let’s explore some of the most significant regulations impacting the industry:
- European Union (EU)
- The European Chemicals Agency (ECHA) has proactively addressed PFAS concerns. Under the European Union’s Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) regulation, a proposal to restrict over 10,000 PFAS compounds was submitted in 2023. If adopted, this could significantly limit the use of PFAS in cosmetics.
- The EU is also considering adding specific PFAS chemicals to its list of substances of very high concern (SVHC), which would require companies to notify ECHA if these substances are present in their products above certain thresholds.
- United States (U.S.)
- At the federal level, the U.S. Environmental Protection Agency (EPA) is actively monitoring PFAS, but regulations specific to cosmetics are still emerging. Several states, however, have taken a proactive stance:
- California: Effective January 1, 2025, the state’s AB 2771 law bans the intentional addition of PFAS to cosmetics. Brands targeting the Californian market must ensure PFAS-free formulations well in advance.
- New York: New York State has also passed legislation (effective 2025) prohibiting the use of PFAS in cosmetic products, like California’s approach.
- Beyond state laws, there are discussions in Congress about enacting federal-level restrictions, and the FDA is ramping up its efforts to investigate PFAS levels in cosmetic products.
- Canada
- Canada is following suit, with its Ministry of Environment and Climate Change launching a review of PFAS in consumer products, including cosmetics. Anticipated regulations may align closely with U.S. and EU approaches, signaling the importance of PFAS-free formulations for companies operating in North America.
Industry Response and Compliance Strategies
Given tight regulations, cosmetic brands must prioritize compliance and transparency in their formulations. Here are key strategies for navigating the changing regulatory environment:
- Audit and Reformulate: Conduct a comprehensive audit of current product formulations to identify any PFAS content. Working closely with raw material suppliers and cosmetic chemists is essential to reformulate products using safe, compliant alternatives.
- Embrace Transparency: Consumers are increasingly aware of the risks associated with PFAS. Brands can gain trust and loyalty by openly communicating their efforts to eliminate PFAS and replace them with sustainable and safe ingredients.
- Stay Updated: Regulatory bodies often release guidance documents, and staying informed about new updates is vital for compliance. Partnering with regulatory experts like CE.way ensures access to the latest information and tailored support for navigating complex regulatory requirements in multiple markets.
The Future of PFAS Regulations in Cosmetics
The cosmetic industry is witnessing a shift toward cleaner and safer products. As regulations tighten, the use of PFAS in cosmetics will likely become increasingly restricted or banned entirely in critical markets. Companies that proactively adapt their product lines and align with global safety standards will ensure compliance and position themselves as sustainability and consumer safety leaders.
CE.way is a regulatory consultancy that supports brands in transitioning to PFAS-free formulations. Our expertise in navigating complex regulatory landscapes across the EU, the U.S., Canada, and other regions can help your brand stay compliant and build consumer trust in an ever-changing industry.