![FDA Misses Deadline to Ban Formaldehyde in Hair Relaxers](/images/articles/s/Hair-Relaxer-Straightener-Black-Woman-2-8.jpg)
The Agency told NBC News that “the Unified Agenda estimates the action date for the NPRM [Notice of Proposed Rulemaking] as April 2024. We are still developing the proposed rule and cannot comment further about questions of timing or content at this time.” At the time of writing, It is still unclear why the FDA has not released its proposed ban.
FDA’s Critics
The Environmental Working Group (EWG) petitioned the FDA to ban formaldehyde in hair straighteners back in 2011 and again in 2021 to protect “professional stylists and their clients.” It sued over the issue in 2016. The FDA promised in 2017 only to review whether to ban formaldehyde while denying EWG’s request to require a warning label. In 2018, the case was dismissed due to procedural issues.
By March 2021, the FDA sent a special women’s health alert urging caution for anyone using formaldehyde in hair-smoothing treatments. David Andrews, senior scientist at EWG, says the agency’s stalling reflects broader problems. “It’s a clear example of failure in public health protection,” he told by KFF Health News.
Linda Birnbaum, former director of the National Institute of Environmental Health Sciences and the National Toxicology Program went a step further and said, “The fact that formaldehyde is still allowed in hair care products is mind-blowing to me …I don’t know what we’re waiting for.”
FDA Cosmetics Authority
One main reason for the delay is the FDA’s limited powers when it comes to cosmetics and personal-care products, according to Lynn Goldman, a former assistant administrator for toxic substances at the U.S. Environmental Protection Agency. She explained that, under the law, the FDA must consider all chemical ingredients "innocent until proven guilty." And Melanie Benesh, EWG’s vice president of government affairs, described to NBC NEWS that the field of cosmetics is the “Wild, Wild West of regulation” since the FDA has historically had more limited authority over them, “compared to other items under their jurisdiction, like food and drugs.”
The FDA states that the law does not require cosmetic products and ingredients, other than color additives, to have FDA approval before they go on the market. A former director of the FDA's Office of Cosmetics and Colors said the federal agency often waits for the industry to voluntarily remove hazardous ingredients. It is up to the manufacturer to ensure their product is properly labeled and they are responsible for the safety and labeling of their products and ingredients. However, the FDA can take action against cosmetics on the market that do not comply with the law, usually with a warning letter outlining what violations need to be corrected. But that action is clearly not timely.
Formaldehyde
This chemical is mostly known for its use as embalming fluid. The National Toxicology Program listed it back in 2011 as a known human carcinogen, or substance that causes cancer. According to the American Cancer Society, exposure to formaldehyde has been linked to cancer in both lab studies in animals and people. Yet formaldehyde is still a common ingredient in relaxers.
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On a positive note, reports to the California Department of Public Health's Safe Cosmetics Program show a tenfold drop in products containing formaldehyde between 2009 and 2022.