On June 19, 2026, the United States submitted WTO/TBT notification G/TBT/N/USA/2233/Add.1. The California Office of Administrative Law (OAL) has approved the final regulatory action by the Department of Toxic Substances Control (DTSC) amending the Safer Consumer Products Regulations to list "nail products containing triphenyl phosphate (TPhP) at concentrations greater than 250 ppm" as a Priority Product.
The final regulation was published on June 12, 2026 in the California Notice Register (No. 24-Z, page 51) and becomes effective on October 1, 2026. CIRS Group has compiled and summarized the core contents of this notification and the regulatory text for your reference.
Background
California's Safer Consumer Products (SCP) regulations apply a 'product-chemical' combination approach: when a specific chemical in a consumer product is identified as creating a potential major exposure of concern, DTSC may list it on the 'Priority Products' list.
Once listed as a Priority Product, the responsible entities (manufacturers, importers, assemblers, retailers, etc.) must notify DTSC within the prescribed timeframe, conduct an 'Alternatives Analysis' to evaluate whether safer alternatives exist, and, where necessary, comply with regulatory responses imposed by DTSC (e.g., formulation changes, restrictions, etc.).
Prior to this update, the Priority Products list already included nine product-chemical combinations, such as nail products containing toluene, motor vehicle tires containing 6PPD, carpets/textile treatments containing PFAS, and laundry detergents containing NPEs.
Key Amendments
1. Amended Provisions
This action amends Section 69511 and adopts new Section 69511.10 of CCR Title 22 (DTSC reference No. R-2025-03R). Specifically, it adds item (10) — "nail products containing TPhP at concentrations greater than 250 ppm" — to the Priority Products list in Section 69511(b), and changes the period to a semicolon in the existing item (9) (nail products containing MMA > 1,000 ppm) to accommodate the new entry.
2. Definition of the "Priority Product" (new Section 69511.10)
- "Nail products containing TPhP at concentrations greater than 250 ppm" means nail coatings and nail or cuticle treatments that contain TPhP at concentrations greater than 250 ppm, whether TPhP is present as an intentional ingredient or as a contaminant;
- "Nail coatings" covers clear or colored paints, polishes, lacquers, enamels, or gel products marketed or sold for application to the fingernails or toenails, including:
- Solvent-based nail coatings: nail polish, lacquer/enamel, base coat, top coat, strengthener/hardener, gel nail polish, ridge filler, etc.;
- UV gel nail coatings: gel coatings cured with a UV/LED lamp;
- As well as nail or cuticle treatments.
Note: TPhP (triphenyl phosphate, CAS 115-86-6) is an organophosphate flame retardant/plasticizer commonly used in nail polish and other products; it is a chemical of concern for potential endocrine-disrupting and reproductive/developmental toxicity effects.
Impact on Companies
Once this product-chemical combination is officially listed as a Priority Product on October 1, 2026, the responsible entities (manufacturers, importers, assemblers, retailers, etc.) for nail products containing TPhP > 250 ppm (including the various nail coatings and cuticle treatments described above) will trigger compliance obligations under California SCP, mainly including:
- Notification obligation: notify DTSC within the prescribed timeframe that their product is a Priority Product;
- Alternatives Analysis: conduct an Alternatives Analysis to evaluate whether safer alternatives exist and submit it to DTSC;
- Regulatory response: in accordance with subsequent DTSC requirements, the company may need to carry out formulation adjustments, restrictions, or other regulatory response measures.
CIRS Reminder
The 'Priority Product' mechanism under California SCP has a direct impact on companies selling relevant nail products in the U.S. (particularly California). CIRS Group offers the following reminders:
- Screen formulations: immediately check the TPhP content (including unintentional residues/contaminants) of nail coatings and cuticle treatments to confirm whether it exceeds 250 ppm, covering all product forms such as nail polish, top coat, base coat, strengthener, gel nail polish, and UV gel coatings;
- Clarify responsible entities: confirm the company’s role (manufacturer/importer/assembler/retailer) and clarify which entity bears the notification and Alternatives Analysis obligations;
- Note the effective date: the Priority Product listing takes effect on October 1, 2026; companies should back-plan notification and Alternatives Analysis timelines accordingly;
- Plan alternatives in advance: for products containing TPhP, evaluate safer alternative ingredients/solutions and initiate formulation changes where necessary.
If you need any assistance or have any questions, please get in touch with us via service@cirs-group.com.
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