When exporting cosmetics to the United States, brands need to review both federal regulations and the requirements of the states where their products will be sold. Some states impose their own restrictions on ingredients used in cosmetics.
The U.S. Food and Drug Administration (FDA) explains that facility registration and cosmetic product listing do not mean that the facility or product has been approved. Brands therefore need to check not only registration and listing status but also whether their ingredients meet the restrictions in the states where the products will be sold.
Regulations on PFAS, a group of fluorinated chemicals, are one example of why these checks matter. The dates when restrictions took effect vary by state, and in some cases, brands need to review not only the formula but also the container.
Using Washington State and Maine as examples, this article explores aspects of PFAS regulation that can be easy to overlook and outlines the raw material and container documentation brands should review before exporting.
1. What Are PFAS, and Why Are They Used in Cosmetics?
PFAS is a collective term for many types of synthetic fluorinated chemicals. It does not refer to a single ingredient.
According to the FDA, some PFAS are used in products such as lipsticks, eyeshadows, and moisturizers to smooth the skin or hair, add shine, or adjust product texture.
However, concerns have been raised because many PFAS break down very slowly, and some can accumulate in people and the environment.
In addition to being added as ingredients to perform a particular function, PFAS may also be present unintentionally, for example through impurities in raw materials.
2. Containers May Need to Be Checked Alongside the Formula
When reviewing PFAS restrictions for cosmetics, brands need to determine whether the rules cover containers as well as ingredients used in the formula. Comparing the requirements in Washington State and Maine illustrates this difference.
Washington State has restricted the sale and distribution of cosmetics containing intentionally added PFAS since 1 January 2025. However, this cosmetics law does not apply to chemicals in cosmetic containers.
Maine has restricted the sale and distribution of cosmetics containing intentionally added PFAS since 1 January 2026. Its restrictions also cover certain containers used for cosmetics. Even if PFAS have not been intentionally added to the formula, a product may fall within the restriction if it is sold in either of the following:
- A container that has been fluorinated
- A container containing intentionally added PFAS
Both types of container are covered by Maine’s restrictions on cosmetic sales.
The surfaces of some plastic containers are treated with fluorine to reduce the passage of product ingredients through the container walls. The U.S. Environmental Protection Agency (EPA) explains that PFAS can form during certain fluorination processes.
A cosmetic product’s ingredient list does not reveal whether its container has been fluorinated or whether PFAS have been used in the container. Brands therefore need to check these points separately with the container supplier.
3. What Documentation Should Brands Review?
Brands can start by reviewing the ingredient list to see whether any PFAS ingredients have been used. However, simply looking for the word “PFAS” is not enough. The FDA also identifies PFAS used in cosmetics by their individual ingredient names.
Brands need to confirm that their products meet the PFAS restrictions in the states where they will be sold. Washington State guidance describes several ways to assess this, including reviewing raw material information, checking supplier documentation, and conducting analytical testing. Although compliance with the restrictions is mandatory, this Washington law does not require separate testing or third-party certification for every product.
Based on this guidance, brands can organize their review around the following points.
| What to Review | What to Check |
|---|---|
| Raw materials used in the formula | Composition information and supplier documentation on whether PFAS are used |
| Containers planned for the product | Documentation showing whether the containers have been fluorinated and whether PFAS are used |
| Scope of the documentation received | Whether it covers the formula or the container, and whether it applies to the actual raw materials and containers to be used |
Brands should compare the documentation received with the requirements in the states where their products will be sold. If information is missing, they should request it from the relevant supplier.
Conclusion
When preparing to export cosmetics to the U.S., brands need to check state-level PFAS restrictions alongside FDA registration and listing status. It is important to understand whether the review needs to cover the formula, the container, or both, and to obtain documentation for the actual raw materials and containers to be used.
Based on each brand’s sales plans, Neo Mirae works with manufacturers to review raw material and container information and assess options for product development and production. If you are planning a cosmetic product for export to the U.S., discuss a development approach with Neo Mirae based on your target markets and product concept.
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