Admin Law, Chemicals

Toxic Beauty: Nail Technicians and Federal Regulatory Gaps in the Cosmetic Industry 

Sophie Lamb (she/her), ELR Staffer, ‘27

Nail salons are touted as oases of relaxation and beauty, but for the over 400,000 nail salon technicians working in the United States–the majority of whom are female and Asian–these working environments are anything but. Exposure to unregulated and unchecked chemicals abundantly found in nail care products are causing short- and long-term health complications in nail salon workers, ranging from respiratory problems to reproductive issues, birth defects, and cancer. 

 Services offered by nail salons range from traditional manicures and pedicures to more aesthetic and chemically complex artificial nail enhancements such as extensions, gels, acrylics, dip powder, and nail art. Among the common chemicals used in these services are ethyl and methyl methacrylate–found in acrylic nails and gel polish–and acetone, which is used to remove nail polish. Prolonged exposure to these chemicals has been linked to cancer, reproductive toxicity, lung disease, asthma, contact dermatitis, and nervous system damage. Chemicals found in nail polish such as formaldehyde, dibutyl phthalate, and toluene (commonly known as the “toxic trio”), have been known to cause cancer and reproductive issues, including endometriosis, birth defects, and preterm births. Between 2022 and 2024, nail technicians in New York were reported to have over double the rate of birth defects and pregnancy complications when compared to the general population, and developed reproductive issues at 1.5 times the regular rate. While many nail care companies have now marketed their products as being free from the toxic trio using a“3-free” label, random testing of these products by the California Environmental Protection Agency’s Department of Toxic Substance Control has shown otherwise. 

Cosmetics do not need FDA approval to be sold. Rather, the Federal Food, Drug, and Cosmetic Act (FD&C Act) prohibits companies from marketing adulterated and misbranded cosmetics. This means that chemicals known to be harmful to health are permitted under FDA guidelines so long as they are not poisonous, used beyond their intended purpose, or mislabeled. In 2022, the Modernization of Cosmetics Regulation Act (MoCRA) expanded the FDA’s regulatory reach of cosmetics by requiring new cosmetic facility registration requirements, adverse events reporting, and labeling standards. Perhaps one of its most important new designations permits the FDA to direct mandatory recalls of cosmetic products through companies–a power the agency had not previously held under the FD&C Act. But even so, this recall framework still follows the previous adulterated and misbranded standard. 

For protective measures, nail technicians must look to Occupational Safety and Health Administration (OSHA) and state laws. OSHA has released detailed guidance on how nail salon workers can minimize chemical exposure, including proper workspace ventilation and the use of protective gear such as respirators. In response to federal regulatory oversight, some states have enacted their own protective regulations: California, Washington, Oregon, Maryland, and Vermont have all adopted versions of a toxic-free cosmetics act that ban a range of ingredients for cosmetic use, including some or all of the “toxic trio.” 

While the FDA’s hands-off approach to cosmetic regulation continues to leave gaps in the federal regulatory scheme, this state action has led to promising change. In July 2025, Representatives Jan Schakowsky (D-IL), Lizzie Fletcher (D-TX), Doris Matsui (D-CA), and Ayanna Pressley (D-MA) introduced the Safer Beauty Bill Package to Congress. The package includes the Toxic-Free Beauty Act which, mirroring EU law, would ban 18 harmful chemicals found in beauty products–including the “toxic trio.” Also included in the package is the Cosmetic Safety Protections for Communities of Color & Salon Workers Act, which would increase research, education, resources, and outreach for the health and safety of women of color and salon workers. The package is endorsed by 150 NGOs, including WE ACT for Environmental Justice, California Healthy Nail Salon Collaborative, and Breast Cancer Prevention Partners. 

Though it’s hard to tell exactly when federal law will catch up with cosmetic state protections,  coordinated efforts that develop a coherent regulatory framework at all government levels are critical to protect the health and safety of these vulnerable populations–and can hopefully serve as regulatory guidance beyond the cosmetics industry.