Phthalates in Cosmetics Regulations

Phthalates are banned or restricted in cosmetics mainly by ingredient-by-ingredient listing. The EU and Great Britain prohibit DBP, DEHP, BBP and the other reproductive-toxicant phthalates. Washington bans the whole ortho-phthalate class. California bans DBP and DEHP and has a wider list coming in 2027. The US federal government has no phthalate ban. DEP, the phthalate still used in fragrance, is not prohibited under EU or GB cosmetics law; Washington's class ban covers it when it is intentionally added.

Approach. I searched the current EU Cosmetics Regulation 1223/2009 (consolidated text dated 1 May 2026 plus its amending acts), the GB retained version, Washington Ecology's Toxic-Free Cosmetics Act (TFCA) restricted list and its Chemicals of High Concern to Children (CHCC) list, California's Safe Cosmetics Program reportable list and the Prop 65 list, FDA's cosmetics prohibited/restricted list, and Health Canada's Hotlist. I searched by "phthalate", "ortho" and by CAS number. The California statute text, the RCW text and FDA's phthalates page came from search snippets of official sites (leginfo.legislature.ca.gov, app.leg.wa.gov, fda.gov). I did not read the full pages.

What phthalates are and how cosmetics used them

• Definition: ortho-phthalates are esters of ortho-phthalic acid. They have largely been phased out of cosmetic formulas but are still sometimes used as a fixative and solvent in fragrances (Washington Ecology snippet).
• Historical uses (FDA):
  • DBP as a plasticizer in nail polish.
  • DMP in hair sprays.
  • DEP as a solvent and fixative in fragrance.
• Current use (FDA): FDA's 2010 survey found DBP and DMP used rarely. DEP appeared to be the only phthalate still commonly used.

EU: Regulation 1223/2009, Annex II (prohibited)

Ref.	Substance	CAS
675	Dibutyl phthalate (DBP)	84-74-2 [1]
677	DEHP	117-81-7 [2]
678	bis(2-methoxyethyl) phthalate	117-82-8 [3]
1151	Dipentyl phthalates (n-, iso-, n-pentyl-isopentyl)	84777-06-0; 131-18-0; 605-50-5 [4]
1152	Benzyl butyl phthalate (BBP)	85-68-7 [5]
1492	Diisobutyl phthalate	84-69-5 [6]
1559	Dihexyl phthalate	84-75-3 [7]
1637	Dicyclohexyl phthalate	84-61-7 [8]
1652	Diisohexyl phthalate	71850-09-4 [9]
1667	Diisooctyl phthalate	27554-26-3 [10]

• How the later entries were added: several came through amending regulations: 2019/831 (entries 1492 and 1559), 2019/1966 (1637) and 2021/1902 (1667) ^[11][12][13].
• Why diisohexyl phthalate was added: Regulation 2021/850 added it under Article 15 as a CMR substance after no one requested an exception for it ^[14].
• No phthalate in Annex III: I found no phthalate listed as a restricted ingredient. DEP and DMP returned no entry in any annex.
• New impurity limit for DnHexP: Regulation 2026/909 changes 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 ^[15].
  • The SCCS found 260 ppm safe but advised that 1 ppm should be the target, because DnHexP levels in DHHB can be brought down to 1 ppm ^[16].
  • The regulation enters into force 20 days after publication ^[17]. The 1 May 2026 consolidated text does not yet include the limit.

Great Britain

• Same prohibited list: the GB Annex II carries the same ten phthalate entries, including DBP 675, DEHP 677, BBP 1152 and diisobutyl phthalate 1492 ^{[18][19][20][21]}.
• One numbering difference: GB numbers diisohexyl phthalate 1653; the EU uses 1652 ^[22].
• No DnHexP limit yet: the GB entry for DHHB still shows only the 10 % maximum, with no DnHexP impurity condition ^[23].

Washington State (TFCA, RCW 70A.560)

• Class-wide ban: Ecology lists ortho-phthalates as a statutory restriction at the "intentionally added" level, effective 1 January 2025 ^[24].

• Statute (RCW 70A.560.020, from the snippet): no one may make, knowingly sell or distribute a cosmetic containing intentionally added ortho-phthalates. In-state retailers could sell existing stock until 1 January 2026. The ban covers the whole class, so DEP is included.

• Children's products (a separate law): the CHCC list marks these phthalates as restricted:

  • DBP ^[25]
  • DEHP ^[26]
  • BBP ^[27]
  • DINP ^[28]
  • DIDP ^[29]
  • DnOP ^[30]

  DEP is reportable on that list but not restricted ^[31].

California

• Ban from 1 January 2025: Health & Safety Code §108980 (AB 2762, as amended by AB 496) prohibits intentionally added DBP and DEHP from that date. Technically unavoidable trace quantities are exempt (leginfo snippet).
• Wider list from 1 January 2027: AB 496 adds further banned ingredients. The snippets I saw do not list which ones, so I can't confirm whether other phthalates are on it.
• Disclosure under the Safe Cosmetics Program:
  • Must be reported whenever present ("Any"): DBP, DEHP, BBP, DINP, DIDP, DnHP and DnOP ^{[32][33][34][35][36][37][38]}.
  • Carry the reporting code "FF" (the list does not define the code): DEP and DMP ^[39][40].
• Prop 65 warning listings:
  • DEHP: cancer, listed 1988 ^[41]
  • DBP: developmental toxicity, 2005 ^[42]
  • BBP: developmental toxicity, 2005 ^[43]
  • DnHP: female reproductive toxicity, 2005 ^[44]
  • DIDP: developmental toxicity, 2007 ^[45]
  • DINP: cancer, 2013 ^[46]
  • DEP is not on the list.

FDA (US federal)

• Not on FDA's list: FDA's list of prohibited and restricted cosmetic ingredients names no phthalate. It covers items such as vinyl chloride, chloroform and bithionol ^[47][48].
• FDA's stated position (fda.gov): FDA has no safety concerns with DEP as currently used in cosmetics and fragrances. It found no sound scientific basis for regulatory action against cosmetics containing phthalates. It also notes that the Cosmetic Ingredient Review panel found DBP, DMP and DEP safe as used in 2002.
• Canada, for comparison: DEHP is prohibited ^[49].

What "phthalate-free" means

I found no official definition of "phthalate-free" from FDA, the FTC, the EU or the UK. In the US the claim falls under the general rule that labeling must be truthful and not misleading. FDA oversees labeling claims and the FTC oversees advertising claims.

The practical risk is fragrance. US rules do not require individual fragrance ingredients to be listed, so DEP can sit undisclosed under "fragrance" (FDA). Supporting the claim therefore needs supplier confirmation for the fragrance compound, not just a check of the ingredient list.

Sources:

• RCW 70A.560.020
• Washington Ecology, Toxic-Free Cosmetics Act
• FDA, Phthalates in Cosmetics
• FDA, Cosmetics Labeling Claims
• FDA, Fragrances in Cosmetics
• California AB 496 bill text
• California AB 2762, Chapter 314