Ban on certain substances in cosmetic products

(a)

In general

Section 601 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361) is amended by adding at the end the following:

(h)If it contains as an ingredient, any intentionally added ortho-phthalate or formaldehyde-releasing preservative. (i)If it contains any of the following intentionally added ingredients: (1)Formaldehyde (CAS No. 50–00–0). (2)Methylene glycol (CAS No. 463–57–0). (3)Mercury and mercury compounds (CAS No. 7439–97–6). (4)Isobutylparaben (CAS No. 4247–02–3). (5)Isopropylparaben (CAS No. 4191–73–5). (6) M-Phenylenediamine (including the salts of such substance) (CAS No. 108–45–2). (7) O-Phenylenediamine (including the salts of such substance) (CAS No. 95–54–5). (8)Lilial (CAS No. 7439–97–6). (9)Styrene (CAS No. 100–42–5). (10)Toluene (CAS No. 108–88–3). (11)Triclosan (CAS No. 3380–34–5). (12)Triclocarban (CAS No. 101–20–2). (13)Cyclotetrasiloxane (CAS No. 556–67–2). (14)Acetaldehyde (CAS No. 75–07–0). (15)Vinyl acetate (CAS No. 108–05–4). (j)If it contains any of the following contaminants: (1)1,4 dioxane (CAS No. 14807–96–6) present at or above 2 parts per million (referred to in this paragraph as ppm). (2)Lead and lead compounds (CAS No. 7439–92–1) present at or above 2 ppm for color cosmetics or 5 ppm for general cosmetics. (3)Asbestos or asbestos containing compounds, including asbestos-contaminated talc (present at the lowest possible limit of detection).

(b)

Definitions

Section 604 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 364) is amended— (1)by redesignating paragraphs (4) and (5) as paragraphs (11) and (12), respectively; and (2)by inserting after paragraph (3) the following:

(4)

Color cosmetic

The term color cosmetic means a cosmetic that either enhances or conceals natural pigment of an individual’s skin by applying color, including eyeshadow, eyeliner, blush, lipstick, and foundation. (5)

Contaminant

The term contaminant means a chemical that was not intentionally added to a cosmetic and is incidental to the manufacturing process and serves no intended function in the finished cosmetic. (6)

Formaldehyde-releasing preservative

The term formaldehyde-releasing preservative means a chemical that releases formaldehyde, to preserve the cosmetic. (7)

General cosmetic

The term general cosmetic means a cosmetic that is not primarily intended to provide color, including a product that cleanses, protects, moisturizes, provides fragrance, or enhances appearance without imparting color. (8)

Ingredient

The term ingredient means any single chemical entity or mixture used as a component in the manufacture of a cosmetic. (9)

Intentionally added

The term intentionally added means, with respect to a cosmetic, the addition of a chemical to a cosmetic that serves an intended function in the cosmetic. (10)

Ortho-phthalate

The term ortho-phthalate means any member of the class of organic chemicals that are esters of phthalic acid containing two carbon chains located in the ortho position.

(c)

Non-Preemption

Section 614(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 364j(b)) is amended to read as follows:

(b)

Limitations

(1)

In general

Notwithstanding subsection (a), nothing in this section shall be construed to prevent any State (or a political subdivision thereof) from— (A) prohibiting the use or limiting the amount of an ingredient in a cosmetic product; (B) continuing to implement a requirement of such State (or a political subdivision thereof) that is in effect at the time of enactment of the Modernization of Cosmetics Regulation Act of 2022 for the reporting to the State (or a political subdivision thereof) of an ingredient in a cosmetic product; or (C) implementing a requirement of such State (or a political subdivision thereof) that prohibits or limits the use (or the amount of such use) of an ingredient or contaminant specified in paragraph (h), (i), or (j) of section 601 in a cosmetic product (or continuing to implement any such requirement that is in effect as of the date of the enactment of the Toxic-Free Beauty Act of 2025). (2)

Modernization of Cosmetics Regulation Act of 2022

Nothing in the amendments to this Act made by the Modernization of Cosmetics Regulation Act of 2022 shall be construed to preempt any State statute, public initiative, referendum, regulation, or other State action, except as expressly provided in subsection (a).

(d)

Effective date

The amendments made by this section shall apply with respect to cosmetics introduced or delivered into introduction into interstate commerce beginning on January 1, 2027.