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HAIR RELAXER LAWSUITUpdated Oct 2, 2026

FDA Formaldehyde Ban in Hair Products: 2026 Status

Is the FDA formaldehyde ban on hair straighteners in effect? Not yet. See the 2026 status, missed deadlines and what it means for you. Learn more today.

Direct2Attorney Editorial TeamPublished Sep 2, 2025 · 12 min read
FDA formaldehyde ban: scissors, combs and hairpins arranged on a tray in a hair salon
Photo: Godwin Torres on Pexels
In this article (14 sections)
  1. What the FDA formaldehyde ban would do
  2. Why formaldehyde in hair products is a concern
  3. Who is most affected by the delay
  4. A timeline of missed deadlines
  5. Congress steps in: the Healthy Hair Act
  6. How the FDA ban connects to the hair relaxer lawsuit
  7. What you can do now
  8. How the FDA Formaldehyde Ban Would Become a Final Rule
  9. How to Comment on the FDA Formaldehyde Ban When It Is Published
  10. State Laws Moving Ahead of the FDA Formaldehyde Ban
  11. A Salon Worker Checklist While the FDA Formaldehyde Ban Is Pending
  12. How to Report a Reaction While the FDA Formaldehyde Ban Is Delayed
  13. Frequently asked questions
  14. How Direct2Attorney can help

Last updated: October 2026

The FDA has not banned formaldehyde in hair straightening products. The agency first said it would propose a ban in 2023, but as of October 2026 no proposed rule has been published. The federal regulatory agenda now lists a target date of November 2026. Here is where the FDA formaldehyde ban stands, how a final rule would be made, and what stylists and clients can do while they wait.

This matters for anyone who has used chemical straighteners or works in a salon. Below, we explain what the proposed ban would do, why it keeps being delayed, and how it connects to the hair relaxer lawsuit.

What the FDA formaldehyde ban would do

The planned rule has a long official name: “Use of Formaldehyde and Formaldehyde-Releasing Chemicals as an Ingredient in Hair Smoothing Products or Hair Straightening Products.”

According to the federal regulatory agenda entry (RIN 0910-AI83), the FDA intends to:

  • Ban formaldehyde as an ingredient in hair smoothing and straightening products sold in the U.S.
  • Also ban chemicals that release formaldehyde when heated, such as methylene glycol
  • Cover products that are put on the hair and then heated during normal use

The rule would focus on products that release formaldehyde gas when a flat iron or blow dryer is used. Many of these are sold as keratin treatments or “Brazilian” smoothing treatments.

Why formaldehyde in hair products is a concern

Formaldehyde is a strong-smelling gas. When some smoothing products are heated, they can release it into the air around the person getting the treatment and the stylist.

The FDA says people have reported problems such as:

  • Eye irritation, watery eyes and burning
  • Coughing, wheezing and sore throat
  • Headaches and dizziness
  • Skin rashes and allergic reactions
  • Nausea and chest pain

The FDA also notes that formaldehyde is known to cause cancer in people at high or long-term exposure levels.

Labels do not always say “formaldehyde”

Look for these names on an ingredient list:

  • Formaldehyde
  • Formalin
  • Methylene glycol

In 2011, federal workplace safety investigators found formaldehyde in salon air even when stylists used products labeled “formaldehyde-free.” That is one reason salon workers have pushed for a clear ban.

FDA formaldehyde ban: flat lay of a hairbrush, flat iron and shampoo bottles on white fabric
Photo: Nataliya Vaitkevich on Pexels

Who is most affected by the delay

The people most exposed to these products are the ones waiting on the FDA.

Black and Latina women

Chemical straighteners have been marketed heavily to Black women for decades. In the NIH study, about 60% of the women who reported using straighteners identified as Black. Lawmakers backing the Healthy Hair Act have pointed to the extra burden on Black and Latina women.

Salon workers

Stylists may breathe in fumes from these products many times a week, not just a few times a year. That repeated exposure is why workplace safety agencies have warned salon owners to use ventilation, gloves and eye protection, and to train staff.

Young people

Many women start using relaxers as children or teens. That can mean decades of use before any health problem shows up. It also means some people may not remember every brand they used, which is common and does not by itself rule out a claim.

A timeline of missed deadlines

The FDA first added the ban to its regulatory agenda in 2023. Since then, the target date has slipped again and again.

  • 2023: The FDA announces it plans to propose a ban, with an early target of April 2024.
  • 2024 and 2025: Target dates pass without a proposal.
  • Spring 2025 agenda: Target moves to December 2025.
  • January 2026: News outlets report the FDA missed the December 2025 target as well.
  • Latest agenda: Target listed as November 2026.

A target date on the agenda is not a promise. It is the agency’s own estimate. Even when a proposed rule is published, there is usually a public comment period before any final rule takes effect.

Congress steps in: the Healthy Hair Act

Some lawmakers are tired of waiting. In April 2026, Rep. Shontel Brown of Ohio and more than a dozen colleagues introduced the Healthy Hair Act.

The bill would treat hair straightening or smoothing products that contain formaldehyde as “adulterated” under federal law. That would make them illegal to sell in the U.S.

The FDA told reporters the proposed rule “continues to remain a priority” but it is still being developed. As of this update, the bill has not become law.

How the FDA ban connects to the hair relaxer lawsuit

People often mix up two different issues. It helps to keep them separate.

The FDA rule is about formaldehyde in smoothing products

The planned ban targets formaldehyde and formaldehyde-releasing chemicals in products that are heated on the hair.

The hair relaxer lawsuits focus on chemical relaxers and cancer

The federal hair relaxer cases, MDL No. 3060, claim that chemical relaxers (both lye and no-lye formulas) may raise the risk of uterine and ovarian cancer. The cases point to chemicals such as phthalates and other endocrine disruptors, not just formaldehyde.

A key piece of evidence is a 2022 National Institutes of Health study. It found that women who used straighteners more than four times a year had more than twice the risk of uterine cancer compared with non-users.

Does the delay affect lawsuits?

Not directly. The lawsuits are based on state product-liability law, such as failure to warn. They do not depend on an FDA ban. As of September 1, 2026, federal court data shows 12,129 hair relaxer cases pending. The first test trial is set for 2027.

What you can do now

While federal rules are on hold, you can still take steps to protect yourself and your options.

To lower your exposure

  • Read ingredient lists for formaldehyde, formalin and methylene glycol.
  • Ask your salon for the product’s Safety Data Sheet.
  • Make sure treatments happen in a well-ventilated space.
  • Report any bad reaction to your doctor and to the FDA.

If you have a diagnosis

  • Write down which relaxer or straightening brands you used and how often.
  • Keep medical records that show your diagnosis and date.
  • Save any product packaging, receipts or salon records.

Filing deadlines vary by state and claim type, so it can help to act sooner rather than later.

How the FDA Formaldehyde Ban Would Become a Final Rule

A date on the regulatory agenda is only the first step. To understand how far away the FDA formaldehyde ban may be, it helps to know how a federal rule is made under the Administrative Procedure Act.

White columned government building in Washington, where the FDA formaldehyde ban must pass federal rulemaking
Photo: Unsplash

The basic path looks like this:

  1. Planning. The agency lists the rule on the federal regulatory agenda with a target date. This is where the FDA formaldehyde ban sits today.
  2. Proposed rule. The agency publishes the full text of the proposal in the Federal Register, along with its reasons.
  3. Public comment. Anyone can send written comments. Comment periods often run about 60 days, though they can be longer or shorter.
  4. Review. The agency reads the comments and may change the rule. There is usually no fixed deadline for this step.
  5. Final rule. The final version is published, with a response to the main comments.
  6. Effective date. Under 5 U.S.C. § 553, a substantive rule generally cannot take effect until at least 30 days after it is published.

Why this matters for timing

Even if the FDA publishes the proposal on its current target, the final FDA formaldehyde ban would still need to pass through comment, review and an effective date. Agencies also often give companies extra time to comply, such as time to sell off existing stock.

In other words, a published proposal would be real progress. But it would not mean products disappear from shelves the next day.

What could change along the way

  • The list of covered chemicals could grow or shrink after comments.
  • The types of products covered could be clarified.
  • Compliance dates could be set for manufacturers, distributors and salons.
  • A legal challenge could slow down the final rule.

Watching each step helps you separate real milestones from headlines. When you see news about the FDA formaldehyde ban, check whether it describes a target date, a published proposal or a final rule. Those are very different stages.

How to Comment on the FDA Formaldehyde Ban When It Is Published

Public comments are one of the few direct ways people can take part in federal rulemaking. The law requires agencies to give interested people a chance to submit written data, views or arguments. Stylists, salon owners, clients and health advocates may all want to weigh in on the FDA formaldehyde ban.

Where to find the proposal

When a proposed rule is published, it appears in the Federal Register and gets a docket number. You can usually find it by searching the rule’s title or its RIN (0910-AI83) on federalregister.gov or regulations.gov. The notice will list the comment deadline.

Tips for an effective comment

  • Say who you are, such as a stylist, a salon owner or a long-time client.
  • Explain your experience in plain words. For example, how often you used or applied smoothing products and any symptoms you noticed.
  • Stick to facts you know firsthand. Personal experience is useful.
  • Respond to specific parts of the proposal, such as which chemicals are covered or when the rule would start.
  • Submit before the deadline. Late comments may not be considered.

Be careful about what you share. Comments are usually posted publicly, so leave out private health details you do not want others to see. You do not need a lawyer to comment, and commenting does not affect any legal claim you may have.

You can also contact Congress

Lawmakers can ask the FDA about delays or support bills like the Healthy Hair Act. Contacting your representative is another way to share your view while the FDA formaldehyde ban is still pending.

State Laws Moving Ahead of the FDA Formaldehyde Ban

While the federal rule waits, some states have acted on their own. These laws only apply within each state, and rules for enforcement differ. Still, they show how formaldehyde limits are already reaching store shelves in parts of the country.

Empty salon chair and mirror against a green wall, where smoothing treatments are often done
Photo: Unsplash

California

California’s Toxic-Free Cosmetics Act, signed in 2020, bans 24 ingredients from cosmetics sold in the state starting January 1, 2025. The list includes formaldehyde, paraformaldehyde, methylene glycol and quaternium-15, a chemical that can release formaldehyde.

Washington

Washington’s Department of Ecology adopted a rule in August 2025 that restricts cosmetic products with intentionally added formaldehyde and 25 formaldehyde-releasing chemicals. Those restrictions take effect on January 1, 2027. In-state retailers may sell existing stock through December 31, 2027.

What state laws mean for you

  • If you live in one of these states, products made after the deadlines should not contain the listed chemicals.
  • Older stock, online orders and products bought in other states may still contain them.
  • State laws do not replace the federal FDA formaldehyde ban. A federal rule would apply nationwide.
  • These laws do not create a right to compensation by themselves. Injury claims are based on separate legal rules.

Other states have considered similar bills. Unlike these state laws, a national FDA formaldehyde ban would set one rule for every state at once. Because these laws change often, check your state’s health or environmental agency for the latest rules.

A Salon Worker Checklist While the FDA Formaldehyde Ban Is Pending

Stylists and salon staff face the most frequent exposure. You do not have to wait for the FDA formaldehyde ban to use the workplace protections that already exist.

Know the workplace limits

OSHA’s formaldehyde standard, found at 29 CFR 1910.1048, sets limits on how much formaldehyde workers may breathe:

  • 0.75 parts per million (ppm) averaged over an 8-hour shift.
  • 2 ppm over any 15-minute period.
  • An “action level” of 0.5 ppm over 8 hours, which can trigger more steps by the employer.

In a 2011 hazard alert, OSHA said that salons using hair smoothing products that contain or release formaldehyde must follow this standard. OSHA also found that one product labeled “formaldehyde free” contained methylene glycol, which releases formaldehyde when heated.

Steps you can take at work

  • Ask your employer for the Safety Data Sheet for each smoothing product.
  • Ask whether the salon has tested the air during treatments.
  • Use local exhaust or other ventilation whenever possible.
  • Wear the gloves and eye protection your employer provides.
  • Keep a simple log of the treatments you perform and any symptoms you notice.
  • Report health effects to your doctor and describe your work exposure.

If your concerns are ignored

Workers can contact OSHA with safety concerns and may ask that their name be kept confidential. Federal law also protects workers from retaliation for raising safety issues.

If you are a stylist who has been diagnosed with a serious illness after years of using these products, you may want to keep records of your work history, the products used and your medical care. Deadlines vary by state and claim type, and the FDA formaldehyde ban does not need to be final for a participating law firm to review your situation.

A note for salon clients

Clients can take steps too. Ask what product will be used before your appointment, and ask to see its ingredient list or Safety Data Sheet. If you feel burning eyes, trouble breathing or dizziness during a treatment, ask the stylist to stop. Until the FDA formaldehyde ban is in place, asking questions is one of the simplest ways to protect yourself.

How to Report a Reaction While the FDA Formaldehyde Ban Is Delayed

Reports from the public help the FDA see patterns. Until the FDA formaldehyde ban is in place, reporting is one of the clearest ways to put a problem on the record. It is free, and you do not need to prove what caused your symptoms.

Ways to report

The FDA’s page on reporting a cosmetic-related complaint lists several options:

  • Fill out the MedWatch online voluntary reporting form on the FDA website.
  • Call the FDA’s Food and Cosmetics Information Center at 1-888-SAFEFOOD (1-888-723-3366) and select option 4.
  • Mail or fax Form FDA 3500B, the consumer version of the MedWatch form.

What to include

  • The product name, brand and lot number, if you have it.
  • Where and when the treatment took place.
  • What you felt, such as burning eyes, coughing, headaches or rashes, and how long it lasted.
  • Any medical care you received.

Keep the product container and a copy of your report. These records can be useful later, whether for your doctor or a participating law firm.

What companies must report

Under the Modernization of Cosmetics Regulation Act of 2022, companies whose names appear on a cosmetic label must report serious adverse events to the FDA within 15 business days. That duty applies to the companies, not to you. Your own report adds another voice while the FDA formaldehyde ban moves forward.

Frequently asked questions

Did the FDA ban formaldehyde in hair relaxers?

No. As of October 2026, the FDA has not published even a proposed ban. The regulatory agenda lists November 2026 as the target, but earlier targets were missed.

Are formaldehyde-free products safe?

Not always. Some products labeled formaldehyde-free have released formaldehyde when heated, according to federal workplace investigators. Check the full ingredient list and ask for the Safety Data Sheet.

Is the formaldehyde ban the same as the hair relaxer lawsuit?

No. The ban is a proposed FDA rule about smoothing products. The lawsuits are separate injury claims tied to chemical relaxers and cancer.

Can I file a claim if I used straighteners and got cancer?

You may qualify, depending on your diagnosis, product use and state deadlines. A participating law firm may review your situation.

How Direct2Attorney can help

Direct2Attorney connects people with participating law firms that review hair relaxer claims. Visit our hair relaxer lawsuit page to share your story. A firm may review whether you may qualify.

The FDA formaldehyde ban may still be months or years away. Your own legal deadline may not wait that long.

Direct2Attorney is a legal marketing and referral service, not a law firm. This article is general information, not legal advice. Submitting information does not create an attorney-client relationship.

Written by the Direct2Attorney Editorial TeamWe follow court dockets, agency notices and public filings, and we update guides when the facts change. Direct2Attorney is a legal marketing and referral service, not a law firm. Nothing here is legal or medical advice.
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