The US Food and Drug Administration appeared close to issuing a ban on formaldehyde and certain formaldehyde-releasing chemicals from being used in hair-straightening products, but the future of these bans remains in limbo under President Donald Trump.
However, official action was never taken, leaving action on the rules to the Trump administration.
“Formaldehyde is a known carcinogen, so it is associated with cancer. It increases cancer risks for the salon workers, in particular, who are doing these treatments, but also dangerous levels of exposures for consumers who might be receiving these treatments,” said Melanie Benesh, vice president of government affairs at the nonprofit Environmental Working Group,
US Reps. Shontel Brown of Ohio, Nydia Velázquez of New York and Ayanna Pressley of Massachusetts have long supported the proposed rule, encouraging the FDA to propose a ban.
But now, “I’m honestly very worried. When was the last time Donald Trump sided with Black women over Big Business? President Trump’s track record gives me no reason to believe that his Administration would take action on this issue,” Brown said in an email.
“The frustrating thing is that this shouldn’t be controversial. We’re talking about basic consumer protection here,” she said. “It’s heartbreaking to think that all this time these products could have been harmful and it’s enraging that now we have so much evidence that we need to take action and it’s not happening. You wonder why we’re not being listened to.”
The Ban History
In 2021, the FDA received a citizen petition from salon workers, the Environmental Working Group and the nonprofit Women’s Voices for the Earth requesting that the agency take regulatory action to prohibit formaldehyde and formaldehyde-releasing chemicals, like methylene or glycol, in hair-smoothing products and hair-straightening products.
The FDA had agreed to grant the petition and the proposed rule had a possible action date of April 2024, which was pushed back to July 2024 and then September 2024.
“What we have seen is the FDA kicking the can down the road on this rule,” Benesh told CNN.
The latest action date, set before the change in administration, is March 2025. However, the Trump administration takeover makes that date seem unrealistic.
The FDA plan could face one of several fates: It could be immediately withdrawn, could remain under review and in limbo for even longer, or could be immediately published.
The Trump administration has issued a freeze on all rules that have not been sent to the Federal Register. That would include this formaldehyde ban. Plus, the Trump administration has publicly shown its support for a deregulatory agenda.
As part of the regulatory process, if the proposed rule is issued, the FDA is expected to receive public comments on it, and after reviewing those comments, the agency could decide whether further action is needed before a final rule could be put into place. Manufacturers would not be required to make any changes until that happens.
If it’s published, the FDA is expected to propose language noting that “these chemicals are used in certain cosmetic products that are applied to human hair as part of a combination of chemical and heating tool treatment intended to smooth or straighten the hair” and that these types of hair-straightening chemical products are “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.”
But another possibility is that the proposed rule could be published with some changes.
“They could issue a version of the rule that says ‘we’re not banning it outright, but we are capping the acceptable limits per unit and provide a figure of volume per unit,’ ” Stevenson said. “We really don’t know what manufacturers are going to be required to do until we actually see its publication.”
Some jurisdictions – including Maryland, California and Washington – have issued their own rules on the use of formaldehyde and formaldehyde-releasing chemicals in hair-straightening products at the state level, and other states have expressed interest.
“So you’re going to have manufacturers in a situation where they are trying to comply not just with newly enacted or anticipated state regulations but also this unknown quotient in what the FDA ban will be, assuming it ever comes to fruition at all,” Stevenson said.
