Companies affected by the designation will need to notify the DTSC before the end of November 2026 and assess how they intend to comply with the state’s requirements.
Why is triphenyl phosphate under scrutiny
Triphenyl phosphate is widely used in nail polishes and other nail treatments as a plasticiser, helping improve flexibility, adhesion and resistance to cracking.
However, scientific studies have raised concerns about its safety profile. Exposure occurs primarily through skin contact during product use, although inhalation may also contribute, particularly in professional salon environments where repeated applications take place.
Research has also suggested that exposure may occur during pregnancy and breastfeeding, increasing concern for vulnerable populations.
Potential health effects associated with TPhP include endocrine disruption, developmental and reproductive toxicity, neurotoxic effects and adverse impacts on liver function. For this reason, nail technicians, salon workers and pregnant individuals are considered among the groups with the greatest potential exposure.
New regulatory obligations for manufacturers
Under California’s SCP framework, a Priority Product is a consumer product that contains a chemical identified as a Candidate Chemical, meaning a substance that may present risks to human health or the environment.
With the inclusion of nail products containing more than 250 ppm of triphenyl phosphate, manufacturers—regardless of whether they are based in the United States or overseas—must submit a Priority Product Notification (PPN) within 60 days of the regulation becoming effective.
The notification marks the beginning of the compliance process rather than its conclusion. Companies must subsequently determine how they will address the identified chemical of concern.
Compliance pathways under the SCP programme
Following notification, manufacturers have several regulatory options available. One approach is to perform an Alternatives Analysis, evaluating whether safer substances can replace triphenyl phosphate while maintaining product performance.
Businesses may also choose to reformulate the product to remove TPhP, substitute it with a less hazardous ingredient or discontinue sales of the affected product in California altogether.
If a manufacturer does not meet its obligations, the DTSC may identify the company as non-compliant. In such cases, responsibility for regulatory action can extend to other participants in the supply chain, including importers, distributors and retailers, who may ultimately be required to stop selling the product within the state.
Regulatory context beyond California
California’s action reflects a broader international trend towards tighter controls on substances of concern in cosmetic products.
In the European Union, triphenyl phosphate is already prohibited for use in cosmetics under the EU Cosmetics Regulation. California’s approach differs in that it does not introduce an outright ban but instead requires manufacturers to evaluate safer alternatives and demonstrate how risks associated with the substance will be managed.
Manufacturers of nail products intended for the Californian market should review their formulations to determine whether triphenyl phosphate exceeds the regulatory threshold established by the DTSC.
Where applicable, companies should prepare the required notification, assess potential reformulation strategies and engage with suppliers to identify suitable alternative ingredients. Businesses should also ensure that distributors and commercial partners understand the new obligations, as non-compliance could affect the entire supply chain once the regulation enters into force.
