“To amend the Federal Food, Drug, and Cosmetic Act to ban certain substances in cosmetic products, and for other purposes.”
No CRS summary available for this bill.
This section deems a cosmetic adulterated under the Federal Food, Drug, and Cosmetic Act if it contains (1) any intentionally added ortho-phthalate or formaldehyde-releasing preservative; (2) any of 15 specified intentionally added ingredients, including formaldehyde (CAS No. 50-00-0), methylene glycol (CAS No. 463-57-0), mercury and mercury compounds (CAS No. 7439-97-6), triclosan (CAS No. 3380-34-5), and toluene (CAS No. 108-88-3); or (3) specified contaminants, including 1,4-dioxane (CAS No. 123-91-5) at or above 2 parts per million, lead and lead compounds (CAS No. 7439-92-1) at or above 2 ppm for color cosmetics or 5 ppm for general cosmetics, or asbestos (including asbestos-contaminated talc) at the lowest possible limit of detection. (As background, adulterated cosmetics are subject to FDA enforcement actions such as product seizure or injunctions.) It defines associated terms, including "color cosmetic" (i.e., eyeshadow, eyeliner, blush, lipstick, foundation), "general cosmetic" (i.e., products that cleanse, moisturize, or provide fragrance without primarily imparting color), "contaminant," "formaldehyde-releasing preservative," "ingredient," "intentionally added," and "ortho-phthalate." It amends non-preemption provisions to allow states or localities to prohibit or limit these ingredients or contaminants (or continue existing requirements). The amendments apply to cosmetics introduced or delivered for introduction into interstate commerce on or after January 1, 2027.