Whether it’s spontaneous or long-planned, getting a tattoo is an exhilarating moment. This was certainly the case for me when I got my first tattoo in my first year of living in New York City. My love for the art quickly led to another and another. But amidst all the thrill, I never stopped to consider exactly which chemicals were being injected into my body — permanently.

The long-term health effects of injecting tattoo ink into the human body have yet to be adequately studied. However, what is known is that many of the chemicals used in tattoo inks are carcinogens, heavy metals, and allergens. Inks from tattoos deposited under the skin are confirmed to migrate to our lymph nodes where they can affect imaging and diagnosis of diseases, like breast cancer screenings. Laser tattoo removal and long-term exposure to sunlight also raise a concern for chemicals in tattoo inks that are not known to be toxic when injected into the body but when exposed to lasers or sunlight can break down into smaller molecules that are carcinogens.

A recent study from Binghamton University analyzed popular tattoo inks sold in the United States and found that not only did these inks contain ingredients that are carcinogens, but also that almost 90% of the inks in their sample failed to accurately disclose their ingredients.

Even though approximately a third of adults in the U.S. have a tattoo — and nearly a quarter have more than one — there is a concerning lack of oversight of tattoo inks from the Food & Drug Administration (FDA) — the federal agency responsible for regulating them.

A tattoo artist retrieves ink from Ink tray with a tattoo machine. (Michael Krinke / Getty Images)

The FDA is supposed to ensure the safety of a broad array of products, from food packaging to pharmaceuticals to cosmetics, including tattoo inks. Recently, a law called the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) expanded the scope of the FDA’s powers, allowing it to recall cosmetics that will cause serious adverse health consequences. So far, the FDA has declined to exercise that authority to protect people from carcinogens in tattoo ink.

FDA also has the authority to regulate the pigments in tattoo inks as “color additives,” by requiring manufacturers receive approval from FDA before inks go on the market. It has not done this either.

Meanwhile, the European Union (EU) has already taken a proactive approach to ban hazardous chemicals in tattoo inks, including ones that can cause cancer or lower fertility. Alternatives to inks that contain banned chemicals exist in the EU, allowing tattoo artists to continue to operate.

The issue of FDA’s lax oversight on harmful chemicals extends far beyond tattoo inks, applying to many products that we use in our everyday lives. There is much more that the FDA can and should be doing to protect people’s health. The agency is legally required to regulate harmful chemicals in a broad range of products being bought and used by the public — such as by restricting or banning chemicals — but it chooses not to, putting many people in the United States at risk.

Tattooing an arm in a tattoo studio. (Enes Evren / Getty Images)

Earthjustice uses the power of the law to hold agencies like the FDA accountable for keeping us all safe from toxic chemicals in everyday products. In recent years, the Toxic Exposure & Health team at Earthjustice has pursued litigation or advocacy to:

• Compel the FDA to take long-overdue action to ban the use of a class of toxic chemicals known as phthalates in materials that come into contact with food, such as plastic food packaging; and
• Lobby for the passage of the Beauty Justice Act, Bill SA265B/A6969, in the New York State Legislature, in the absence of nationwide regulations from the FDA, which would ban chemicals in cosmetics and personal care products that pose a threat to human health.

The FDA must live up to its mission of protecting public health and should be doing everything in its power to ensure that the everyday products that people purchase, and use, are free of toxic chemicals.