New York Considering Lifting Prohibition on Eyelash and Eyebrow Tinting

Let’s paint the town red—new services could be added to your scope of practice! The New York Department of State (Department) proposed a new rule (page 27) that would allow individuals performing appearance enhancement services, including esthetics, nail technology, cosmetology, natural hair styling, and waxing, to apply silver nitrate color additives to tint eyelash or eyebrow hair.

Currently, the use of dyes of any kind on eyelash or eyebrow hair is prohibited. However, the Food and Drug Administration (FDA) now permits silver nitrate for use "in externally applied professional-use only cosmetics" to be used if the intended purpose is to color eyebrows and/or eyelashes. The proposed rule would require licensees using silver nitrate color additives to apply the product per the manufacturer’s instructions.

Amending this rule may spur job opportunities within New York for licensed professionals in the beauty industry. Removing the prohibition and allowing professionals to safely tint eyebrow and eyelash hair using silver nitrate dye may create a new consumer market, expand scope of practice, and generate a new source of income. We encourage you to elevate your voice and email the Department at licensing@dos.ny.gov before October 29 to show your support of, or opposition to, the proposed rule.

Note: When submitting your comments, make sure to include the following in the subject line: “Regulation Change: Proposal to Use Silver Nitrate to Color Eyelash and Eyebrow Hair.”