HR4433-119

2. Ban on certain substances in cosmetic products Section 601 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361) is amended by adding at the end the following: If it contains as an ingredient, any intentionally added ortho-phthalate or formaldehyde-releasing preservative. If it contains any of the following intentionally added ingredients: Formaldehyde (CAS No. 50–00–0). Methylene glycol (CAS No. 463–57–0). Mercury and mercury compounds (CAS No. 7439–97–6). Isobutylparaben (CAS No. 4247–02–3). Isopropylparaben (CAS No. 4191–73–5). M-Phenylenediamine (including the salts of such substance) (CAS No. 108–45–2). O-Phenylenediamine (including the salts of such substance) (CAS No. 95–54–5). Lilial (CAS No. 7439–97–6). Styrene (CAS No. 100–42–5). Toluene (CAS No. 108–88–3). Triclosan (CAS No. 3380–34–5). Triclocarban (CAS No. 101–20–2). Cyclotetrasiloxane (CAS No. 556–67–2). Acetaldehyde (CAS No. 75–07–0). Vinyl acetate (CAS No. 108–05–4). If it contains any of the following contaminants: 1,4 dioxane (CAS No. 14807–96–6) present at or above 2 parts per million (referred to in this paragraph as ppm). Lead and lead compounds (CAS No. 7439–92–1) present at or above 2 ppm for color cosmetics or 5 ppm for general cosmetics. Asbestos or asbestos containing compounds, including asbestos-contaminated talc (present at the lowest possible limit of detection). Section 604 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 364) is amended— by redesignating paragraphs (4) and (5) as paragraphs (11) and (12), respectively; and by inserting after paragraph (3) the following: 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. 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. The term formaldehyde-releasing preservative means a chemical that releases formaldehyde, to preserve the 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. The term ingredient means any single chemical entity or mixture used as a component in the manufacture of a cosmetic. 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. 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. Section 614(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 364j(b)) is amended to read as follows: Notwithstanding subsection (a), nothing in this section shall be construed to prevent any State (or a political subdivision thereof) from— prohibiting the use or limiting the amount of an ingredient in a cosmetic product; 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 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). 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). 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. (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).. (4)Color cosmeticThe 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)ContaminantThe 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 preservativeThe term formaldehyde-releasing preservative means a chemical that releases formaldehyde, to preserve the cosmetic. (7)General cosmeticThe 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)IngredientThe term ingredient means any single chemical entity or mixture used as a component in the manufacture of a cosmetic. (9)Intentionally addedThe 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-phthalateThe 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. . (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). .