Effective January 1, 2023: Nail Products Containing Toluene

On November 14, 2022, the Office of Administrative Law approved DTSC’s proposal to list Nail Products Containing Toluene as a Priority Product. The scope of this regulation includes nail coatings and nail polish thinners. The regulation also establishes an Alternatives Analysis Threshold for toluene in nail products of 100 ppm. This regulation became effective on January 1, 2023.

Domestic and foreign manufacturers of nail products containing toluene, whose products are placed into the stream of commerce in California, had to submit a Priority Product Notification (PPN) for those products by March 2, 2023. The PPN must name all of the manufacturer’s products that contain toluene, either as an intentionally added ingredient or as a contaminant. After submitting the PPN, manufacturers had the option to submit one of the following by June 30, 2023:

• an Alternatives Analysis Threshold Notification;
• a Chemical Removal Intent/Confirmation Notification;
• a Product Removal Intent/Confirmation Notification;
• a Product-Chemical Replacement Intent/Confirmation Notification; or
• a Preliminary Alternatives Analysis Report or these alternate reporting options.

These documents will be submitted through DTSC’s CalSAFER portal. Instructional videos are available on how to register for CalSAFER and submit a PPN.

While the responsibility for compliance is first on manufacturers, if a manufacturer fails to comply, the responsibility of compliance may shift to importers or retailers, if DTSC notifies them accordingly.

Manufacturers of nail products whose products do not contain toluene do not need to take any action. Manufacturers who are unsure if action is required may refer to the Nail Products Containing Toluene Fact Sheet.

Available Alternatives

To facilitate manufacturers’ search for alternatives, we assembled a non-exhaustive list of alternatives to toluene that are currently used, or could be used, in nail products. The alternative chemicals on the list have not been vetted for safety or performance and listing them does not constitute an endorsement by DTSC.

Manufacturers that are responsible for complying with DTSC’s listing of Nail Products Containing Toluene as a Priority Product will need to consider the safety and performance of these and other alternatives in their Alternatives Analysis. 

Exposure to toluene has the potential to cause or contribute to adverse human health impacts, including:  

• Nervous system effects. Neurotoxicity is a critical human health concern following acute, intermediate, or chronic toluene exposure.  
• Developmental toxicity. Toluene exposure is linked to adverse effects in developing fetuses and has the potential to cause birth defects.  
• Respiratory and kidney toxicity. Toluene exposure has been linked to harm to the respiratory tract and kidneys.  
• Immune system, vision, and hearing effects. Toluene exposure is also linked to adverse impacts to the immune system and vision and hearing impairment. 

Pregnant nail technicians and their fetuses are especially sensitive to adverse impacts of toluene exposure from nail products. Infants and children of nail technicians often accompany their parents to the workplace and may be exposed to toluene-containing nail products. Infants and young children are more susceptible than adults to adverse impacts from toluene due to physiological differences.

Based on the criteria in the SCP Regulations, we have determined that exposure to toluene through normal use of nail products may contribute to or cause significant or widespread adverse impacts to Californians, including sensitive subpopulations such as nail salon workers, pregnant women and their fetuses, infants, children, and adolescents. Toluene has been detected in air in nail salons at levels above California regulatory standards. Nail technicians (also known as manicurists) have an especially high potential for toluene exposure due to their longer workdays and workweeks compared to employees in other sectors; they are often not provided with adequate information concerning chemical safety; they are often not provided with proper personal protective equipment (PPE); and their workplaces often lack appropriate ventilation.  

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