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California Opens Comments On Nail Products Priority Listing

California’s Priority Product listing for nail products containing toluene became effective Jan. 1, 2023. Comments are open for recent revisions clarifying analytical testing requirements.

Person applying nail polish

February 3, 2023

By Krystal Spickler, program manager, Supply Chain team, UL Solutions 

On Nov. 14, 2022, California’s Department of Toxic Substances Control (DTSC) added a Priority Product Listing to the Safer Consumer Products Regulations addressing nail products containing toluene. 

The listing defines nail products as both nail coatings (solvent-based, UV gel formulas, and nail art paint) and nail polish thinners. Toluene (Chemical Abstract Services Registry Number: 108-88-3) is listed as a candidate chemical. Several hazards associated with toluene include neurotoxicity, respiratory toxicity, and developmental toxicity. Toxicologically, exposure may cause impaired cognitive function, skin irritation, hearing loss, or decreased birthweight, among others.  

Under the regulation, submission of Priority Product Notifications is required within 60 days of the effective date or first placement of the product into California’s stream of commerce. The initial text also establishes an Alternative Analysis Threshold (AAT) for toluene in the products of 100 parts per million (ppm). The above provisions became effective Jan. 1, 2023. 

On Jan. 23, 2023, DTSC opened an additional 15-day comment period soliciting comments on a newly modified version of the regulation. Additional detail is provided around analytical testing requirements. Manufacturers submitting Alternatives Analysis Threshold Notifications are required to demonstrate products covered under the rule do not contain toluene in concentrations above the AAT and that the product will consistently meet the requirements of the rule. Acceptable testing laboratory practices are detailed within the proposal and address sample preparation, analytical method, instrument, calibration, and quality control. Information detailing analytical method is also required to be provided by manufacturers filing AAT notifications and includes data relating to the aforementioned criteria. 

Comments are accepted until Feb. 6, 2023. Interested parties can provide their feedback through the CalSAFER link in the references. 

Recommended action items

  • Review your company’s products sold in California to determine if they require notification under the effective rule
  • Manufacturers impacted and subject to the Alternative Analysis process should review the most recent proposal and provide feedback through appropriate channels as necessary


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