California Aware Of 40-Some Nail Products Containing Toluene As SCP Process Gets Underway

The Department of Toxic Substances Control is still in the information-gathering stage for its recently proposed Priority Product under California’s Safer Consumer Products regulation – nail products containing toluene. Alternative analyses will follow, with five possible substitutes (including water) floated by the agency currently.

California’s Department of Toxic Substances Control says more than 40 cosmetic nail products marketed in the state are known to contain toluene, which is being targeted by the agency for alternative analyses under the Safer Consumer Products regulation.

Comments on DTSC’s corresponding draft product-chemical profile are being accepted through April 1, an extension of the agency’s initial March 15 deadline.

DTSC announced the proposed Priority Product in February and held a workshop March 13 to present its rationale for the selection and garner stakeholder feedback. (Also see "California DTSC Selects Toluene In Nail Care For Potential Phase-Out" - HBW Insight, 25 Feb, 2019.)

According to the agency, toluene is a volatile solvent that’s been linked to neuro, developmental, respiratory and dermal toxicity.

Toluene appears on nine of the 23 source lists that inform DTSC’s inventory of candidate chemicals for SCP regulation. The references include California’s Prop 65 list of “known” carcinogens and developmental or reproductive toxicants, a longstanding point of contention among industry stakeholders.

California authorities are aware of 40+ nail coatings and one nail polish thinner marketed within state borders, based on reporting in its Safe Cosmetics Program. That reporting is mandatory, but the program is under-resourced and, according to NGOs, industry compliance is questionable. (Also see "California In Upgrade Mode, Now Exploring Safer Consumer Products 2.0" - HBW Insight, 6 Mar, 2019.)

The Environmental Working Group’s Skin Deep database lists just eight “recent” nail products formulated with toluene.

Market research firm Mintel has identified 43 nail coating products introduced to the US retail market since 2006, and 930 worldwide, DTSC says. However, nail-care manufacturers very possibly have reduced their global use of the ingredient over the past decade due to highly publicized hazard concerns and pressure from consumers, NGOs and retailers to go “3-free” or better. (Also see "Nail Polish Study Making Waves; Will California’s DTSC Be Swept Up?" - HBW Insight, 12 Oct, 2018.)

In its presentation to workshop attendees, DTSC notes California’s 9,000 nail salons, where employees are overwhelmingly female and of childbearing age. Up to 80% are of Vietnamese descent, according to DTSC, which has suggested that language barriers could challenge compliance with workplace safety guidelines.

Such factors, coupled with long working hours, make nail technicians a “sensitive subpopulation” for problematic toluene exposure, the agency says.

For years, worker health has been one of DTSC’s leading concerns in its consideration of beauty products, particularly nail care, for potential Priority Product selection under the SCP reg. (Also see "California DTSC Seeks Nail Chemical Info With Priority Product Picks Looming" - HBW Insight, 25 Nov, 2016.)

DTSC is still in the information-gathering stage for its nail care-toluene proposal. The agency has received six comments so far, including from Alexandra Scranton, director of science and research at NGO Women’s Voices for the Earth. (Also see "Women’s Voices Says Clock Hasn’t Run Down On Parabens Safety; Did CIR Call The Game Early?" - HBW Insight, 22 Mar, 2019.)

Alternative analyses from affected industry members will follow. Currently, DTSC floats five possible alternatives to toluene in nail products: ethyl acetate; butyl acetate; isopropyl alcohol; methyl ethyl ketone; and water.