Is eyelash tinting legal in Tennessee, and which state board regulates it?

Subject

Opinion No. 11-51, Regulation of Eyelash Tinting by Board of Cosmetology, June 22, 2011

Plain-English summary

Representative Mike McDonald asked the AG two simple questions about eyelash tinting (dyeing the lashes a darker color, a routine salon service). Was it lawful in Tennessee, and did the state Board of Cosmetology regulate it?

The AG's answers were yes and yes. Nothing in the Tennessee Code outright bans eyelash tinting as a practice. The opinion notes that a specific dye product could be deemed an adulterated cosmetic under the Tennessee Food, Drug, and Cosmetic Act, which would make selling or holding that product a Class C misdemeanor; but that's a product issue, not a service-prohibition issue. The practice itself is permitted.

As to who regulates it, the Tennessee Cosmetology Act defines "cosmetology" to include "bleaching, coloring or similar work on the hair of any person by any means" (Tenn. Code Ann. § 62-4-102(a)(3)). Neither "hair" nor "eyelash" is defined in the statute, so the AG turned to dictionaries (consistent with English Mtn. Spring Water v. Chumley). Hair is "one of the fine, cylindrical, often pigmented filaments growing from the epidermis of a mammal"; an eyelash is "one of a row of short hairs fringing the edge of the eyelid." Eyelash tinting is therefore the coloring of hair and falls within the Board of Cosmetology's regulatory authority.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Board of Cosmetology has issued rules and guidance on tinting and lash services that may have changed since 2011. A salon offering eyelash tinting today should consult current Board rules and FDA cosmetic guidance, not just this opinion.

Background and statutory framework

The cosmetology framework. Tenn. Code Ann. §§ 62-4-101 et seq. establishes the Tennessee Cosmetology Act and the Board of Cosmetology. Tenn. Code Ann. § 62-4-103 vests the Board with regulatory authority over the practice of cosmetology. Tenn. Code Ann. § 62-4-102(a)(3) defines cosmetology to include "bleaching, coloring or similar work on the hair of any person by any means."

The product safety framework. Tenn. Code Ann. §§ 53-1-101 et seq. is the Tennessee Food, Drug, and Cosmetic Act. Tenn. Code Ann. § 53-1-103(a)(1) and (b)(1) make it a Class C misdemeanor to manufacture, sell, deliver, hold, or offer to sell an adulterated cosmetic. The federal cosmetic regulatory system (FDA) operates in parallel and is the more substantial source of actual product-safety rules; the state Act provides a state-law hook.

The interpretive move. Statutory definitions of "hair" and "eyelash" are absent. The AG turned to dictionaries, citing English Mtn. Spring Water v. Chumley, 196 S.W.3d 144, 148 (Tenn. Ct. App. 2005): "In seeking to determine the natural and ordinary meaning of statutory language, the usual and accepted source for such information is a dictionary." Webster's defines both terms in a way that puts eyelashes within "hair."

Common questions

Does a cosmetologist need any special endorsement to do eyelash tinting?

The AG did not address what specific license category within cosmetology authorizes lash work. Tennessee's Board of Cosmetology has separate licenses for cosmetologists, estheticians, manicurists, etc. The Board's rules and scope-of-practice descriptions for each license type control which professionals can perform eyelash tinting. A reader thinking about offering the service should consult current Board rules.

Are there safety concerns the AG flagged?

Yes, in passing. The opinion notes the request stated that tinting dye coming into contact with the eye can cause severe detriment. That goes to product safety and technique, not to the legality of the service. The Tennessee Food, Drug, and Cosmetic Act would reach a specific dye product that qualifies as adulterated, but does not bar the practice as a whole.

Are there federal rules I should know about?

The AG opinion does not address them, but the FDA does regulate cosmetic dyes used near the eye. The FDA has historically not approved any color additives for permanent tinting of eyelashes and eyebrows in the United States. Anyone offering this service should check the current FDA position on permitted color additives.

What's the difference between "hair coloring" and "lash extensions" for regulatory purposes?

This opinion only addressed coloring (tinting), which the AG concluded is "coloring of hair" within the cosmetology statute. Lash extensions are a different service (applying additional fibers to existing lashes) and could be regulated under different aspects of the cosmetology scope-of-practice. The AG did not opine on that.

Could the legislature pull eyelash tinting out of the Board's jurisdiction?

Yes. The Board's authority is statutory, and the legislature could amend Tenn. Code Ann. § 62-4-102(a)(3) to exclude eyelash work, or could place lash services under a separate licensing scheme. The opinion describes the law as of 2011.

Citations

• Tenn. Code Ann. §§ 53-1-101 et seq.; § 53-1-103(a)(1), (b)(1)
• Tenn. Code Ann. §§ 62-4-101 et seq.; § 62-4-102(a)(3); § 62-4-103
• English Mtn. Spring Water v. Chumley, 196 S.W.3d 144 (Tenn. Ct. App. 2005)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2011/op11-051.pdf

Original opinion text

June 22, 2011
Opinion No. 11-51
Regulation of Eyelash Tinting by Board of Cosmetology

QUESTION

Is eyelash tinting permitted under Tennessee law and, if so, is it governed by the Tennessee Board of Cosmetology?

OPINION

This Office is not aware of any Tennessee law prohibiting eyelash tinting. Eyelash tinting is governed by the Board of Cosmetology because it is the coloring of hair.

ANALYSIS

Eyelash tinting is a procedure used to dye a person's eyelashes a darker color. The instant request states that the procedure can cause severe detriment to the eye if the tinting dye comes into contact with it. Nonetheless, this Office is not aware of any Tennessee law that prohibits eyelash tinting. It is possible that a product used to tint eyelashes might be deemed an adulterated cosmetic under the Tennessee Food, Drug, and Cosmetic Act, Tenn. Code Ann. §§ 53-1-101 et seq., which would make it a Class C misdemeanor to manufacture, sell, deliver, hold, or offer to sell. Tenn. Code Ann. § 53-1-103(a)(1) and (b)(1) (2008). However, such a circumstance would merely mean that it is illegal to use that particular product, not that the practice of eyelash tinting is prohibited.

The Tennessee Board of Cosmetology governs "[t]he practice of cosmetology." Tenn. Code Ann. § 62-4-103 (2009). As defined by the Tennessee Cosmetology Act, Tenn. Code Ann. §§ 62-4-101 et seq., "cosmetology" includes the "bleaching, coloring or similar work on the hair of any person by any means." Tenn. Code Ann. § 62-4-102(a)(3) (2009). The terms "hair" and "eyelash" are not defined in the Act. "In seeking to determine the 'natural and ordinary meaning' of statutory language, the usual and accepted source for such information is a dictionary." English Mtn. Spring Water v. Chumley, 196 S.W.3d 144, 148 (Tenn. Ct. App. 2005). "Hair" is "one of the fine, cylindrical, often pigmented filaments growing from the epidermis of a mammal" and an eyelash is "one of a row of short hairs fringing the edge of the eyelid." The Webster's II New College Dictionary, 399, 499 (2001). Based on these definitions, eyelash tinting falls within the statutory definition of "cosmetology" as the coloring of hair and, thus, comes within the regulatory authority of the Board of Cosmetology.

ROBERT E. COOPER, JR.
Attorney General and Reporter

BARRY TURNER
Deputy Attorney General

NICHOLAS G. BARCA
Assistant Attorney General

Requested by:
The Honorable Mike McDonald
State Representative
37 Legislative Plaza
Nashville, Tennessee 37243