Phthalates in cosmetics and the EU, GB and US state bans

Phthalates in cosmetics and where they are banned

Phthalates in cosmetics were used mainly as DBP in nail polish, DMP in hair spray and DEP as a fragrance solvent and fixative, and a 2010 FDA survey found DEP is the only one still commonly used. The EU and Great Britain ban listed phthalates, Washington bans all intentionally added ortho-phthalates, DEP included, from 1 January 2025, California bans intentionally added DBP and DEHP from that date, and US federal law bans none (FDA).

What phthalates are

Phthalates are esters of ortho-phthalic acid. That is the meaning Washington law gives "ortho-phthalates" (RCW 70A.560.010). You'll also see the names phthalate esters and orthophthalates for that group. The US EPA describes them as "chemicals that make plastics more flexible and durable" (EPA). The FDA adds that they "also function as solvents and stabilizers in perfumes and other fragrance preparations" (FDA).

Which phthalates cosmetics have used

According to the FDA, the three main phthalates in cosmetic products have historically been (FDA):

• dibutyl phthalate (DBP), a plasticizer in nail polish and other makeup
• dimethyl phthalate (DMP), used in hair spray
• diethyl phthalate (DEP), a solvent and fixative in fragrance

The FDA page cites its 2010 survey. It reports that DBP and DMP "are used rarely" and "DEP appears to be the only phthalate still commonly used in cosmetics." That survey does not establish which products contain phthalates today. For current fragrance formulas, ask the supplier for composition information.

Banned phthalates in the EU (Annex II list)

Regulation (EC) 1223/2009 bans substances by listing them in Annex II. The consolidated text of 18 May 2026 has these phthalate entries (EUR-Lex):

These are 13 entry numbers, not 13 substances. Entry 1151 covers four dipentyl phthalates, and n-pentyl-isopentyl phthalate has no CAS number. DEP and DMP do not appear in the annexes of the consolidated regulation.

DEP is allowed in the EU

CosIng lists diethyl phthalate (CAS 84-66-2) with no restriction under the Cosmetics Regulation, and functions that include fragrance, solvent, plasticiser and denaturant (CosIng). The SCCP opinion adopted on 21 March 2007 saw no need to change its view on safe use. It assessed DEP as a fragrance solvent at up to 50 % and as an ethanol denaturant at up to 1 %. These are assessed uses, not statutory concentration limits. The same opinion says traces of DEHP, DBP and BBP of up to 100 ppm, total or per substance, do not indicate a risk to the consumer. That 2007 view is not a limit or an exemption in the Cosmetics Regulation (SCCP/1016/06).

Newest change, a DnHexP limit in DHHB sunscreen filter

Commission Regulation (EU) 2026/909 of 27 April 2026 amends Annex VI entry 28, the UV filter DHHB. Di-n-hexyl phthalate (DnHexP), as an unavoidable trace impurity in DHHB, "must not exceed 10 ppm." Non-compliant products can't be placed on the EU market from 1 January 2027, and can't be made available from 1 July 2028 (2026/909).

The limit concerns the impurity in the DHHB ingredient, not a general allowance for phthalates in finished cosmetics.

Endocrine disruptor status

Commission Implementing Decision (EU) 2017/1210 identifies DEHP, DBP, BBP and DIBP as having endocrine disrupting properties for human health under REACH Article 57(f) (EUR-Lex). REACH Annex XVII entry 51 limits those four at 0.1 % in plasticised material in articles from 7 July 2020 (2018/2005). But a cosmetic is a mixture, not an article. The formula itself falls under Annex II of 1223/2009.

Great Britain

GB Annex II prohibits DBP, DEHP, BBP, DIBP and other listed phthalates (legislation.gov.uk). One numbering trap: GB lists diisohexyl phthalate as entry 1653, where the EU uses 1652. GB added 1653 and 1667 through its own S.I. 2022/659, in force from 15 October 2022. DEP and DMP are not listed in GB Annex II.

Do not assume an EU amendment applies in GB. Check the current GB Annex VI entry 28 for DHHB before a GB launch.

Washington bans the whole class

From 1 January 2025, no person may manufacture, knowingly sell, offer for sale or distribute in Washington a cosmetic with intentionally added ortho-phthalates (RCW 70A.560.020). The ban covers the class, so DEP is covered when it is intentionally added.

In-state retailers could sell existing stock until 1 January 2026, under RCW 70A.560.020. That sell-through window ended on 1 January 2026; the ban itself has applied since 1 January 2025. The same section excludes drug ingredients regulated by the FDA. Penalties are up to $5,000 per violation for a first offense and up to $10,000 per repeat offense (RCW 70A.560.030).

On 1 January 2027, the "intentionally added" definition in WAC 173-339-020 takes effect. It means a chemical that serves an intended function in the product or in one of its ingredients. The Department of Ecology says chemicals that the FDA does not require on the label will then count, because they serve a function in an ingredient. Its example is "chemicals in fragrance formulations (e.g., fragrance fixatives)" (Ecology). On Ecology's reading, DEP used as a fixative inside a bought-in fragrance oil will meet the definition from that date. Ecology also says the law does not apply to packaging.

California bans DBP and DEHP only

California Health and Safety Code 108980 bans intentionally added DBP (CAS 84-74-2) and DEHP (CAS 117-81-7) in cosmetics from 1 January 2025, under AB 2762 of 2020 (HSC 108980). The same provision exempts technically unavoidable traces from impurities, manufacturing, storage or packaging migration.

AB 496 (Chapter 441, 2023) adds 26 more banned ingredients from 1 January 2027, and none is a phthalate (AB 496). DEP is not prohibited by this ingredient ban. Reporting is separate: ingredients on the Reportable Ingredients List must be reported regardless of concentration (California Safe Cosmetics Program).

No federal ban in the US

The FDA says it "does not have evidence that phthalates as used in cosmetics pose a safety risk" and has no safety concerns with DEP as currently used (FDA). Cosmetics other than color additives need no FDA premarket approval. EPA's TSCA evaluations of BBP, DBP, DCHP, DEHP and DIBP don't analyze exposure from cosmetics (EPA).

Labeling makes phthalates hard to spot. Under 21 CFR 701.3(a), fragrance may be listed simply as "fragrance". The FDA says consumers "may not be able to determine from the ingredient declaration on the label if phthalates are present in a fragrance." On how to avoid phthalates, the ingredient list will not show one hidden in fragrance. Ask the fragrance supplier for the composition.

What "phthalate-free" claims mean

Do not treat "phthalate-free" as an FDA-approved claim. The FDA has no list of approved cosmetic claims. It regulates labeling claims, while the FTC regulates advertising (FDA).

The EU is stricter. Regulation 655/2013 says a claim can't present mere compliance with minimum legal requirements as a benefit, and can't denigrate ingredients legally used (EUR-Lex). The Commission's technical document on claims (not legally binding) says "free from" claims should not be made for ingredients already prohibited by 1223/2009 (technical document). That rules out "free from DBP" or "DEHP-free" in the EU. It also advises against free-from claims based mainly on a presumed negative view of an ingredient's safety, with "free from parabens" as its example. The same logic makes a broad "phthalate-free" claim risky, since DEP is legal. The guidance permits free-from claims that help a specific target group make an informed choice. Such claims must still meet the 655/2013 common criteria above.

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