Quick Answer
From January 1, 2027, two state rules narrow what a cosmetic sold in the US can contain. California's AB 496 adds a second list of banned, intentionally added ingredients, including cyclotetrasiloxane (D4), boric acid and borates, phytonadione and lily aldehyde (AB 496 text). Washington bans 25 named formaldehyde releasers, such as DMDM hydantoin, imidazolidinyl urea and bronopol, plus any other chemical added to release formaldehyde (Ecology rule, WSR 25-18-057). Check the full ingredient list and the preservative in every raw material before you place a 2027 order.
A preservative that is legal in a Korean formula can make the same product illegal to sell in Washington next year.
Two state rules start on January 1, 2027. California's AB 496 adds a second wave of banned ingredients, and Washington's Department of Ecology bans formaldehyde releasers by name. Neither is about PFAS, which earlier state laws already cover.
If you plan a 2027 production order, the formula you approve this winter has to pass both lists. The checks below fit into one email to your ODM.
Key Takeaways
- California's AB 496 bans a second list of intentionally added ingredients from January 1, 2027, and AB 60 added four nitro musks and a musk ketone cap.
- Washington bans 25 named formaldehyde releasers from the same date, plus any chemical chosen to release formaldehyde.
- Washington counts a preservative that works inside a raw material as intentionally added, even when US label rules let it stay off the carton.
- California's section has no sell-through period. Washington gives in-state retailers until January 1, 2028.
- Ask your Korean ODM for an INCI list with CAS numbers, a preservative statement for every raw material and impurity statements for silicones and polymers.
What Do California and Washington Ban From January 1, 2027?
California bans a second list of intentionally added ingredients, and Washington bans formaldehyde releasers. Both start on January 1, 2027, and both reach anyone making, selling or distributing cosmetics in the state. The two lists barely overlap, so a formula must clear each one.
AB 496, signed on October 8, 2023, amends Health and Safety Code section 108980, which already banned formaldehyde, quaternium-15 and isobutylparaben from 2025. In 2025, AB 60, the Musk Reduction Act, added four nitro musks and capped musk ketone (AB 60 text). Neither law is Proposition 65, which asks for warnings rather than bans (Prop 65 warning guide).
Washington's list sits in chapter 173-339 WAC, which Ecology adopted on August 28, 2025. The 2023 statute banned intentionally added formaldehyde from 2025 and told Ecology to name the chemicals that release it (RCW 70A.560.020).
| Point | California (AB 496 and AB 60) | Washington (chapter 173-339 WAC) |
|---|---|---|
| What is banned | The section 108980(b) list: D4, boric acid and borates, phytonadione, lily aldehyde, hair dyes and four nitro musks, plus a musk ketone cap | 25 listed formaldehyde releasers, plus any chemical added to release formaldehyde |
| Start date | January 1, 2027 | January 1, 2027 |
| Who it reaches | Anyone who manufactures, sells, delivers, holds or offers the product for sale in California commerce | Manufacturers, distributors and retailers, including online sales and salon use |
| Trace amounts | Technically unavoidable traces from impurities, processing, storage or packaging are excused | The ban is on intentionally added chemicals; Ecology may test for formaldehyde |
| Existing stock | No sell-through period in the section | In-state retailers may sell existing stock until January 1, 2028 |
Formaldehyde Releasers Are Preservatives That Release Formaldehyde
A formaldehyde releaser is a preservative that slowly gives off formaldehyde in a water-based product. Much of its antimicrobial effect comes from that released formaldehyde. Washington now treats the whole design as adding formaldehyde, whichever releaser delivers it.
Under the rule, formaldehyde is intentionally added when it works as an antimicrobial, preservative, denaturant or cross linker, including through a chemical selected to release it over time (WAC 173-339-110). Ecology cites cancer, asthma, allergic skin reactions and eye and skin damage as its reasons.
The 25 names fall into six groups:
| Group | Releasers on Washington's list | Where this group shows up |
|---|---|---|
| Classic water-phase preservatives | DMDM hydantoin, MDM hydantoin, imidazolidinyl urea, diazolidinyl urea, quaternium-15, sodium hydroxymethylglycinate | Shampoos, body washes, cleansers and lotions |
| Nitro and bromo preservatives | Bronopol (2-bromo-2-nitropropane-1,3-diol), bronidox (5-bromo-5-nitro-1,3-dioxane), tris(hydroxymethyl)nitromethane | Rinse-off and leave-on preservative systems |
| Other biocides | Dimethyl oxazolidine, 7-ethylbicyclo-oxazolidine, benzylhemiformal, methenamine, tetramethylol glycoluril, dimethylol glycol, dimethylol urea | Preservative blends, so check raw material documents as well as the INCI list |
| Resins and polymers | Tosylamide/formaldehyde resin, polyoxymethylene urea, polyoxymethylene melamine, polyoxymethylene, dimethylhydantoin formaldehyde resin, isobutylated urea-formaldehyde polymer | Nail polish and other resins built from formaldehyde |
| Formaldehyde carriers | Paraformaldehyde, methylal | Paraformaldehyde has been banned in California since 2025 |
| Hair straightening | Timonacic, when used in heat-activated hair straighteners | Smoothing and straightening treatments |
Quaternium-15 and paraformaldehyde have been banned in California since 2025, so the two states overlap mainly here. The harder part is what the table cannot show: a botanical extract or ready-made base can carry its own preservative behind a clean INCI list.
"I'm Liz, I run altameet from Manhattan, NYC. On a state-law check, the INCI list you approved is rarely the problem. The problem is the preservative inside a raw material that nobody listed. If you want a quick gut-check against both 2027 lists, I'll give you 15 minutes free."
Which AB 496 Ingredients Could Turn Up in a K-Beauty Formula?
Most of California's 2027 list is hair dyes, colorants and industrial chemicals. A handful can sit in skincare or makeup: D4, borates, phytonadione and some fragrance materials.
| California 2027 ingredient | Where it can appear | What to ask |
|---|---|---|
| Cyclotetrasiloxane (D4) | Volatile silicone blends sold as cyclomethicone, and as a trace in other silicones | A silicone supplier statement on D4 content |
| Boric acid and borates, including sodium borate and borax | Beeswax-and-borax emulsions and buffers | Remove it, and read exact INCI names: boron nitride is not a borate |
| Phytonadione (vitamin K1) | Eye creams and serums sold for dark circles | Remove it or keep that product out of California |
| Lily aldehyde and the nitro musks; musk ketone over the cap | Fragrance compounds, which the label can list only as fragrance | A fragrance supplier non-use statement |
| Trisodium nitrilotriacetate | Chelating agent in cleansers and shampoos | Swap to another chelator |
| Styrene and vinyl acetate | Residual monomer inside polymers such as styrene or VA copolymers | A polymer supplier statement on residual monomer |
| Hair dyes such as pyrogallol, basic and disperse blue dyes, malachite green and anthraquinone | Hair color and some tinted products | A colorant list for every shade |
The list also names acetaldehyde, cyclohexylamine, sodium perborate, trichloroacetic acid, tricresyl phosphate, 2-chloracetamide, allyl isothiocyanate and Laurus nobilis seed oil, so run the full CAS list.
AB 60 also caps musk ketone from 2027. Skincare falls in the all-other-products band of 0.042 percent, against 1.4 percent for fine fragrance.
'Intentionally Added' Means Different Things in Each State
Both states ban intentionally added ingredients, but they read the phrase differently. California forgives unavoidable traces. Washington counts any restricted chemical that does a job in the product or in one of its ingredients.
Under section 108980, a technically unavoidable trace does not break the law. It has to come from ingredient impurities, the manufacturing process, storage or packaging, in a product made with processes meant to comply (Health and Safety Code 108980). That covers residual D4 in a silicone. It does not cover an ingredient added on purpose.
Washington's definition takes effect on January 1, 2027. An intentionally added chemical is one that serves an intended function in the product or in one of its ingredients (WAC 173-339-020). So a releaser that preserves a botanical extract counts, even if the cream lists only the extract.
That opens a gap with US labeling. Under 21 CFR 701.3(l), a substance carried in by another ingredient can stay off the label if it has no effect in the finished cosmetic (21 CFR 701.3). So a carry-over preservative can be invisible on your carton and still count in Washington.
Ecology can infer intent from the ingredient list or from testing the product for formaldehyde. A manufacturer can rebut it with a signed statement backed by credible evidence, so build that file before the first shipment.
Can You Keep Selling Existing Stock After January 1, 2027?
In Washington, in-state retailers can sell existing stock until January 1, 2028. California's section has no sell-through period and also bans holding products for sale, so clear noncompliant California stock before 2027.
The Washington grace period is narrow. It covers stock physically in the state by the start date that in-state retailers, including salons, will sell to consumers. A brand cannot keep shipping the old formula in.
Fines reach 5,000 US dollars per violation for a first offense and 10,000 for repeat offenses (WAC 173-339-025).
Selling online does not get around Washington's rule, which covers sales in or into the state. For formulating to the strictest state you sell into, see the state PFAS ban guide.
Seven Documents to Request From Your Korean ODM
Ask for these seven items before you approve a 2027 formula. Together they show that nothing on either list was added on purpose.
- INCI list with CAS numbers, checked against section 108980 and Washington's releaser table.
- Preservative statement naming every preservative in the formula and in each raw material.
- Raw material composition sheets for botanical extracts, which can arrive with their own preservative.
- Fragrance supplier statement confirming no lily aldehyde or nitro musks, with any musk ketone level.
- Silicone and polymer supplier statements on D4 and residual styrene or vinyl acetate.
- Signed non-use declaration for formaldehyde and its releasers, to support a rebuttal in Washington.
- Stability and challenge test reports for any reformulated version, read with the stability report guide.
MFDS keeps its own preservative list written for Korea, so ask for the US state check as a separate deliverable. Cover the federal side with the US ingredient restrictions guide.
What If Your Formula Already Uses a Formaldehyde Releaser?
Reformulate now if the product will be sold in Washington after 2026. A new preservative changes how the formula behaves, so it needs fresh stability and challenge tests.
Common replacements include phenoxyethanol blends, sodium benzoate and multifunctional ingredients such as 1,2-hexanediol. Each swap can shift pH tolerance, odor or feel, so ask which system the ODM has run in a similar base. An ISO 11930 challenge test then shows whether the product stays protected.
Then update the label, the MoCRA product listing and any "formaldehyde-free" claim, which the raw material evidence above has to back. The FDA guide to Korean skincare imports covers the listing steps.
The lists take an afternoon to check. The raw materials behind your INCI list take longer, so ask for them in the first email.
2027 State Ban Checklist
Get both lists and the seven ODM documents as a one-page sheet for your next formula review, straight to your inbox.
Frequently Asked Questions
Does AB 496 ban DMDM hydantoin?
No. AB 496 does not list it. Washington's rule bans DMDM hydantoin and the other listed releasers from 2027, while California's 2025 list covers quaternium-15 and paraformaldehyde. A product sold in both states must clear both lists.
Does Washington's rule apply to sunscreens and other OTC drug products?
Yes, for the cosmetic ingredients. The rule covers cosmetic products even when they contain FDA-regulated drug ingredients, but those drug ingredients are exempt. A sunscreen's preservative is covered, while its UV filters are not.
Do trace amounts of D4 or residual styrene violate AB 496?
Not if the trace is technically unavoidable and comes from ingredient impurities, processing, storage or packaging. Keep supplier statements on file that show where each trace came from.
Is boron nitride banned under AB 496?
No. Boron nitride is not a borate or a boric acid salt or ester, the forms the list covers. Check exact INCI names and CAS numbers rather than flagging every boron ingredient.
By Liz Song, K-beauty sourcing consultant.
