[Congressional Record Volume 167, Number 103 (Monday, June 14, 2021)]
[Senate]
[Page S4521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself, Mr. Blumenthal, Mrs. Feinstein, Ms. 
        Hassan, Mrs. Shaheen, Mrs. Gillibrand, and Mr. King):
  S. 2047. A bill to ban the use of intentionally added perfluoroalkyl 
or polyfluoroalkyl substances in cosmetics; to the Committee on Health, 
Education, Labor, and Pensions.
  Ms. COLLINS. Mr. President, I rise today to introduce the No PFAS in 
Cosmetics Act. I am pleased to be partnering with Senator Blumenthal on 
this important legislation. Our bipartisan bill seeks to ban the 
inclusion of Per- and polyfluoroalkyl substances (PFAS) in cosmetics 
products, such as make-up, moisturizer, and perfume.
  PFAS are a class of man-made chemicals, which includes PFOA, PFOS, 
and GenX. These chemicals can bioaccumulate in our bodies over time and 
have been linked to cancer, thyroid disease, liver damage, decreased 
fertility, and hormone disruption. First developed in the 1940s, PFAS 
are traditionally found in food packaging, nonstick pans, clothing, 
furniture, and firefighting foam.
  Unfortunately, Maine has experienced considerable PFAS contamination, 
which has not only threatened our water supply, but adversely affected 
the livelihoods of farmers. Several dairy farms in Maine recently 
discovered serious levels of PFAS in their operations, with milk 
containing as high as 1,420 parts per trillion. This is more than 
twenty times EPA's established health advisory level for drinking 
water.
  In addition to these agricultural and water supply contaminations, we 
now also know that PFAS appear in products across the spectrum--
including cosmetics. A new peer-reviewed study led by the University of 
Notre Dame published in Environmental Science and Technology Letters 
found high fluorine levels--indicating the probable presence of PFAS--
in just over half of 231 makeup products tested, including waterproof 
mascara, liquid lipsticks, and foundations.
  A subset of 29 samples was studied further to identify specific PFAS 
chemicals. Between four and 13 specific PFAS were identified in each of 
the 29 samples, some at high concentrations. Remarkably, only one of 
these 29 products listed any fluorochemical ingredients on the 
product's label. While some of these PFAS may be present in trace 
quantities as impurities in the manufacturing process, those found at 
high concentrations are likely being used intentionally to impart 
performance characteristics to the product. Since fluorinated chemicals 
are not disclosed on the labels, this study suggests that consumers 
unknowingly are being exposed to PFAS in their cosmetics.
  The findings of this study are particularly alarming, as many of 
these products are subject to direct human exposure. For example, 
lipstick is often inadvertently ingested, and mascara is sometimes 
absorbed through tear ducts. In addition, during the cosmetic product 
manufacturing process, workers are exposed to the chemicals that are 
used, and discarded products with PFAS can cause the potential for 
additional human exposure if drinking water sources are contaminated.
  PFAS pose an unnecessary and avoidable risk to human health and do 
not belong in our cosmetic products. The Federal Food, Drug, and 
Cosmetic Act defines cosmetics as ``articles intended to be rubbed, 
poured, sprinkled, or sprayed on, introduced into, or otherwise applied 
to the human body . . . for cleansing, beautifying, promoting 
attractiveness, or altering the appearance.'' This definition includes 
skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and 
facial makeup preparations, cleansing shampoos, permanent waves, hair 
colors, and deodorant, as well as other similar products. Our 
legislation would direct the FDA to issue a proposed rule banning the 
intentional addition of PFAS in cosmetics, as defined by the FDA, 
within 270 days of enactment, and require a final rule to be issued 90 
days thereafter.
  The FDA should act now to ban the addition of PFAS to cosmetics 
products to help protect people from further contamination. I urge all 
of my colleagues to join me in supporting the No PFAS in Cosmetics Act.

                          ____________________