Lawmakers Pressure FDA to Ban Formaldehyde in Hair Relaxers

September 10, 2024, 9:30AM. By Jane Mundy

Lawmakers are asking the FDA why it has delayed its own ban—twice—on hair relaxers containing formaldehyde.

Santa Clara, CATwo lawmakers in March 2023 wrote a letter to the FDA, urging it to ban harmful chemicals in hair relaxers. Last month, those lawmakers sent another letter to the agency asking why the proposed ban is still not in place. If not in place this month, the FDA will have missed its date three times. The FDA has already missed two of its hair relaxer formaldehyde bans, and one lawmaker believes another delay could cause more health issues for communities of color. 

Shortly after the March 2023 letter, the FDA issued a proposed rule banning the chemicals, (and it posted a video narrated by a Black woman on social media) stating that the use of hair smoothing products containing FA and FA-releasing chemicals is linked to short-term adverse health effects, such as sensitization reactions and breathing problems, and long-term adverse health effects, including an increased risk of certain cancers. Despite acknowledging a link with life-threatening cancer, hair products are still on the shelf and in hair salons nationwide.

Law Makers Letters

Democratic Reps. Ayanna Pressley of Massachusetts and Shontel Brown of Ohio wrote to the FDA Commissioner Dr. Robert Califf: “to conduct a thorough and transparent investigation to determine whether hair-straightening chemical products on the market contain carcinogens that lead to an increased risk of uterine cancer…Black women use these products at a higher rate than others and could be disproportionately impacted. In order to protect public health, we urge the FDA to reevaluate the safety of these products…to investigate the potential health threat posed by chemical hair straightening products. Consumers need to be reassured that the cosmetic products they use do not threaten their health. It is critical that the agency act quickly to address these legitimate concerns.”

The letter also reiterated the dangers of formaldehyde, a known carcinogen classified by the International Agency for Research on Cancer (IARC), and a chemical that the FDA has also stated as carcinogenic. “Extended exposure to formaldehyde during these treatments has been linked to increased incidences of cancer, respiratory issues, and adverse reproductive outcomes. Of particular concern is the disproportionate impact on women of color, who are more likely to receive and provide hair treatment services that use formaldehyde…leading to heightened health risks long term.“

Now Rep Nydia Velazquez of New York has joined Pressley and Brown to pressure the agency. In a letter dated August 27, the three lawmakers ask Commissioner Robert Califf to provide specific reasons for the delay. They asked the FDA:

• What factors have led to the delays of the formaldehyde ban
• Whether there are clear timelines for its implementation.
• Whether the FDA has concerns about the impact of the continued use of formaldehyde in hair relaxer products, particularly on communities of color, who are disproportionately targeted by product ads.
• What steps has the agency taken to do outreach among stakeholders to proactively mitigate any disruptions to businesses and ensure they will be prepared when a ban is officially implemented?

And most importantly: Does the FDA share any concerns about how a delay in their rulemaking is potentially prolonging the dangerous health effects of the use of formaldehyde in communities of color?

According to the Harvard T.H. Chan School of Public Health and noted by lawmakers in Massachusetts, New York and Ohio, 50% of products advertised to women of color contain formaldehyde, compared to 7% advertised to white women. And research suggests that about 50% of products advertised to Black women contain these types of chemicals, compared with about 7% that are advertised to White women. “Do be aware that there was a study by the New York State Department of Health, and some products labeled as formaldehyde-free actually did contain formaldehyde in them,” said WISH-TV medical expert Dr. Janel Gordon.

According to the Washington Post, an Associated Press spokesperson asked the FDA about the letter, but was told that agency officials would respond directly to lawmakers. Last month, the agency said the proposed ban was still among its top priorities and in the rulemaking process, but couldn’t comment to the AP on the timing or content of the proposal.

The FDA’s initial target date to release the proposal was April, which was pushed to July and now it’s September, with not a peep from the FDA.