California Restricts TPhP in Nail Products, Proposes Cleaning Chemical Ban

The California Department of Toxic Substances Control (DTSC) has finalized plans to designate nail products containing triphenyl phosphate (TPhP) at concentrations greater than 250 parts per million (ppm) as a "priority product" under its Safer Consumer Products Program. This designation, driven by concerns over the chemical's potential adverse impacts on human health, will take effect on October 1. Separately, the DTSC is proposing a complete ban on the sale of cleaning products containing hydrofluoric acid within the state.

For global beauty brands, contract manufacturers, and ingredient suppliers, California's regulatory shifts often serve as a bellwether for broader North American standards. Navigating the gap between consumer safety perceptions and cosmetics regulatory compliance is an ongoing challenge, as seen in recent high-profile cases like the Unilever hair loss lawsuits where established ingredients face intense scrutiny. Staying ahead of these laws and regulations is critical to maintaining market access.

Nail Products Containing TPhP

The DTSC has been engaged in a years-long effort to restrict various hazardous chemical substances in nail products. TPhP is commonly used as a plasticizer in nail coatings and nail or cuticle treatments to provide flexibility and durability. The primary route of exposure to TPhP in nail products is dermal contact, though inhalation can also contribute.

According to the DTSC, exposure to TPhP can lead to liver toxicity, endocrine disruption, developmental toxicity, neurotoxicity, and reproductive toxicity. There is also evidence of lactational and transplacental transfer of TPhP, which increases potential exposure risks for fetuses and breast-fed infants.

With the priority product designation taking effect on October 1, manufacturers of nail coatings and nail or cuticle treatments containing more than 250 ppm of TPhP sold in California must submit a priority product notification to the DTSC by November 30.

Under the Safer Consumer Products Program, responsible entities—including manufacturers, importers, assemblers, and retailers—must notify the DTSC when their product is listed as a priority product. Manufacturers or other responsible entities are then required to perform an "alternatives analysis" for the product and its chemicals of concern. This process determines how best to limit exposure or reduce the public health and environmental impacts of the chemical. The DTSC is also tasked with identifying and enforcing regulatory responses to protect public health, maximizing the use of safer, feasible alternatives.

The DTSC holds the authority to mandate regulatory responses if a manufacturer decides to keep selling a priority product, or if they select an alternative product to replace it. These responses can include ordering the removal or replacement of the chemical of concern, or removing the product from the California marketplace entirely.

To date, the DTSC has designated several items as priority products, including children’s foam-padded sleeping products containing flame retardants (TDCPP or TCEP), spray polyurethane foam systems, carpets and rugs containing PFAS, paint strippers containing methylene chloride, PFAS treatments for leather and textiles, nail products containing toluene, motor vehicle tires containing 6PPD, laundry detergents containing nonylphenol ethoxylates, nail products containing methyl methacrylate (MMA) at concentrations above 250 ppm, and now, nail products containing TPhP above 250 ppm.

Cleaning Products Containing Hydrofluoric Acid

The DTSC is also accepting public feedback through July 20 on a proposal to ban manufacturers from selling or distributing cleaning products containing hydrofluoric acid in California.

This proposed action covers cleaning products containing hydrofluoric acid or bifluoride compounds that can release hydrofluoric acid. The DTSC has determined that there is a high potential for exposure from these products, that such exposure can cause severe or widespread harm to human health, and that safer alternatives are already widely available.

Based on these findings, the proposed rule would bypass the typical alternatives analysis process, moving the priority product directly to a sales prohibition. The DTSC indicated that existing inventory held by distributors or retailers obtained prior to the final rule’s effective date would not be affected.

Hydrofluoric acid, also known as hydrogen fluoride or HF, is an acutely toxic chemical that can cause severe, permanent injuries, and even death. While many cleaning products have transitioned to alternative ingredients, the DTSC notes that some products containing hydrofluoric acid remain on the market and available to both workers and consumers in California.