HR4434-119

What This Bill Does

The Cosmetic Supply Chain Transparency Act builds a detailed information chain inside the Federal Food, Drug, and Cosmetic Act. It preserves stronger state cosmetic transparency rules, defines brand owners, suppliers, formulating laboratories, flavor and fragrance companies, and harmful nonfunctional constituents, then requires suppliers to provide brand owners requested safety information within 90 days. That information includes functions and uses, hazards, physical and chemical properties, CAS numbers, exposure and fate data, heavy metal testing, safety data sheets, flow charts, composition statements, allergen statements, IFRA conformity certificates, full fragrance or flavor ingredient lists, finished-product ingredient lists, and certificates of analysis. FDA must create a list of nonfunctional constituents known or expected to be present in cosmetics and harmful to human health or the environment, publish a proposed list, allow 60 days of comment, convene an advisory committee within 9 months, finalize the initial list within 18 months, and update it at least annually. Suppliers must test for listed nonfunctional constituents within one year of listing and provide certificates of analysis before sale. FDA can demand manufacturer, supplier, retailer, and distribution information for suspected adulterated or misbranded cosmetics, and violations can draw civil penalties up to $10,000 per day.

Who Benefits and How

Brand owners benefit from a legal right to obtain ingredient, hazard, testing, and supplier information needed to substantiate cosmetic safety. Cosmetic consumers benefit if better supply-chain data helps identify adulterated, misbranded, contaminated, or hazardous products. State cosmetic regulators benefit because the bill preserves stronger state transparency and disclosure rules. Public health researchers benefit from FDA lists and advisory processes identifying harmful nonfunctional constituents in cosmetics.

Who Bears the Burden and How

Ingredient suppliers must provide detailed safety, hazard, composition, fragrance, flavor, testing, and certificate information within statutory timelines. FDA must create and maintain the nonfunctional-constituent list, manage public comment, convene an advisory committee, and enforce recalls or information requests. Cosmetic supply-chain entities must maintain records sufficient to identify manufacturers, suppliers, retailers, and distribution channels. Violators of supplier-information, testing, notification, nondistribution, or recall rules face civil penalties up to $10,000 for each day of violation.

Key Provisions

• Requires suppliers to provide brand owners requested safety and ingredient information within 90 days.
• Directs FDA to publish a proposed nonfunctional-constituent list, allow 60 days of comment, convene an advisory committee within 9 months, and finalize the initial list within 18 months.
• Requires suppliers to test for listed nonfunctional constituents within one year and provide certificates of analysis before sale.
• Requires supply-chain records and FDA-requested information for suspected adulterated, misbranded, or otherwise unlawful cosmetics.
• Provides civil penalties of up to $10,000 per day for violations of the new supplier-information, testing, notification, nondistribution, and recall rules.