[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4964 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4964

   To amend the Federal Food, Drug, and Cosmetic Act to require that 
  children's cosmetics containing talc include an appropriate warning 
  unless the cosmetics are demonstrated to be asbestos-free, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2018

 Mrs. Dingell introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Food, Drug, and Cosmetic Act to require that 
  children's cosmetics containing talc include an appropriate warning 
  unless the cosmetics are demonstrated to be asbestos-free, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Product Warning Label Act 
of 2018''.

SEC. 2. LABELING OF TALC IN CHILDREN'S COSMETICS.

    (a) Misbranding.--Section 602 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the 
following:
    ``(g) If it is marketed for use in children (meaning individuals 
under the age of 18) and contains talc (as defined in section 604) 
unless--
            ``(1) its label includes the following statement printed in 
        conspicuous text: `WARNING: Talc has not been evaluated for 
        asbestos contamination. Asbestos at any level is known to the 
        FDA to cause cancer, including lung cancer and mesothelioma and 
        may be present in this product. This product is not suitable 
        for use by children.'; or
            ``(2) a waiver is in effect with respect to the cosmetic 
        pursuant to section 604.''.
    (b) Premarket Safety Verification of Talc Content.--Chapter VI of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is 
amended by adding at the end the following:

``SEC. 604. PREMARKET SAFETY VERIFICATION OF TALC CONTENT.

    ``(a) In General.--The Secretary shall waive the applicability of 
section 602(g)(1) with respect to a cosmetic containing talc if the 
manufacturer of the cosmetic--
            ``(1) attests in writing to the Secretary that the source 
        of the talc is an asbestos-free mine; and
            ``(2) demonstrates to the Secretary that the talc is 
        asbestos-free using the transmission electron microscopy 
        method.
    ``(b) Definitions.--In this section:
            ``(1) The term `asbestos' means the asbestiform varieties 
        of chrysotile (serpentine), crocidolite (riebeckite), amosite 
        (cummingtonitegrunerite), anthophyllite, tremolite, and 
        actinolite.
            ``(2) The term `asbestos-free' means containing no 
        traceable asbestos fibers.
            ``(3) The term `talc'--
                    ``(A) means a basic silicate of magnesium; and
                    ``(B) includes talcum powder, hydrous magnesium 
                silicate, non-fibrous talc, non-asbestiform talc, 
                steatite talc, and fibrous non-tremolite talc.
            ``(4) The term `transmission electron microscopy' refers to 
        the asbestos analysis method used by laboratories that--
                    ``(A) are accredited by the National Bureau of 
                Standards; and
                    ``(B) use the protocol described in appendix A to 
                subpart E of part 763 of title 40, Code of Federal 
                Regulations (or any successor regulations).''.
    (c) Applicability.--Sections 602(g) and 604 of the Federal Food, 
Drug, and Cosmetic Act, as added by subsections (a) and (b), apply 
beginning on the date that is 180 days after the date of enactment of 
this Act.
    (d) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, shall promulgate 
final regulations to implement such sections 602(g) and 604.
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