The FDA’s Struggle to Ban Formaldehyde in Hair Straightening Products: A Public Health Crisis in Limbo
Introduction: A Delayed FDA Proposal Under Trump Administration
The U.S. Food and Drug Administration (FDA) has been considering a ban on formaldehyde and formaldehyde-releasing chemicals in hair-straightening products, but the proposal remains stalled under the Trump administration. These chemicals, linked to serious health risks such as cancer and reproductive harm, are commonly found in hair relaxers and straightening treatments disproportionately marketed to Black women. Despite mounting evidence of their dangers, the FDA has yet to take definitive action, leaving consumers and salon workers vulnerable to exposure. The proposed ban, initially considered under the Biden administration, has been pushed further into the future, raising concerns about the Trump administration’s commitment to public health over corporate interests.
The Health Implications: Formaldehyde and Its Connection to Cancer and Other Harms
Formaldehyde, a known carcinogen, poses significant health risks to both consumers and salon workers. Studies have shown that prolonged exposure to formaldehyde-releasing chemicals in hair-straightening products can increase the risk of cancers such as ovarian, breast, and uterine cancers, particularly among Black and Latina women. Salon workers, who are repeatedly exposed to these chemicals, face heightened risks of respiratory issues, headaches, and other acute health effects. The Environmental Working Group (EWG) haspetitioned for over a decade to regulate these chemicals, highlighting their association with reproductive harm, asthma, and immune effects. Despite this, many products marketed to Black women remain high hazard, with only 21% considered low risk in the EWG’s cosmetics database.
Industry Response and Legislative Support: A Mixed Bag
Some cosmetic companies have responded positively to the FDA’s proposed ban. L’Oréal, for instance, does not use formaldehyde in its products and has expressed support for the FDA’s efforts. However, many other companies continue to sell hair-straightening products containing these dangerous chemicals. Lawmakers such as Reps. Shontel Brown, Nydia Velázquez, and Ayanna Pressley have long advocated for the ban, emphasizing the need for consumer protection. Yet, the Trump administration’s deregulatory agenda and track record of prioritizing business interests over public health have raised doubts about the likelihood of meaningful action. Brown expressed her concerns, stating, “When was the last time Donald Trump sided with Black women over Big Business?”
The Regulatory Process: A Rule in Limbo
The FDA’s proposed rule to ban formaldehyde in hair-straightening products has faced repeated delays. Initially slated for action in April 2024, the target date has been pushed back multiple times, with the latest deadline set for March 2025. The rule is currently under review, but its fate remains uncertain. The Trump administration has implemented a regulatory freeze, impacting all rules not yet published in the Federal Register. This has left the proposal in a state of uncertainty, with the possibility of it being withdrawn, further delayed, or published with significant changes. Advocates like Melanie Benesh of the EWG have criticized the FDA for “kicking the can down the road,” leaving consumers and workers at risk for even longer.
State-Level Action: Filling the Regulatory Gap
While the FDA’s rule remains in limbo, some states have taken matters into their own hands. Maryland, California, and Washington have enacted their own regulations on formaldehyde and formaldehyde-releasing chemicals in hair-straightening products. Other states are considering similar measures, creating a patchwork of rules that manufacturers must navigate. However, state-level regulations may not provide comprehensive protection, as they vary in scope and enforcement. The lack of federal action leaves a significant gap, particularly for consumers in states without such protections. The uncertainty surrounding the FDA’s rule further complicates the situation for manufacturers, who must comply with both state laws and potential future federal regulations.
The Future of the FDA’s Proposal: Uncertainty and Concerns
The FDA’s ability to enforce any future rule on formaldehyde in hair-straightening products is also in question. The Trump administration’s efforts to shrink the federal workforce and overhaul agency staffing raise concerns about the FDA’s capacity to regulate cosmetics effectively. The Office of Cosmetics and Colors, already under-resourced, may face further staff reductions, limiting its ability to implement and enforce new regulations. Advocates fear that the FDA may hesitate to issue new rules due to resource constraints or political pressure. As the proposed ban on formaldehyde continues to languish, the health and safety of millions of consumers and salon workers remain at risk. The FDA’s inaction underscores the need for urgent action to address this public health crisis.
