Five Pieces of Legislation You Need to Watch Now for Cosmetics Selling in the U.S.


13 DECEMBER 2022

In the United States, as the cosmetics market expands, consumer groups, health professionals, and others are calling upon Congress to update the Federal Food, Drug, and Cosmetic (FD&C) Act and introduce new legislation in areas of special concern related to product safety. The legislature introduced modernized legislation in 2021, and these five federal bills are safer than they were.

  • The Toxic-Free Beauty Act of 2021 (HR-5540)

Banned 11 highly toxic substances including mercury, formaldehyde, parabens, phthalates, phenylenediamines (hair dye chemicals), and the entire class of PFAS (per- and polyfluoroalkyl substances).

  • Cosmetic Flavors and Fragrances Right-to-Know Act of 2021

Requires cosmetic and personal care products to disclose “secret” or unlabeled chemicals in all fragrances and flavors they use.

  • Cosmetic Supply Chain Transparency Act

Suppliers of raw materials, ingredients and "private label" products are required to provide complete ingredient disclosure and safety information.

  • Cosmetic Safety Protections for Communities of Color and Salon Workers

The bill defends the health of women of color and salon workers who are the most exposed to toxic chemicals in products marketed towards them.

  • The Humane Cosmetics Act of 2021 (HR 6207)

The use of any data obtained from animal experiments is prohibited.

They still face these problems:

1. As detection instruments become more and more advanced, other "unexpected" compounds may be found during the detection process, and these substances are likely to be banned substances. Consumers insist that products be "completely free" of banned substances, but in practice this is difficult to achieve because current technology cannot completely remove the contaminants.

2. Consumers insist on "full disclosure" of all chemicals present in products, which is practically impossible for flavors and fragrances. Because flavors and fragrances are very complex mixtures containing hundreds of compounds, only a fraction of them can be detected even by MS and GC.

3. The initial stages of most supply chains are notoriously complicated, often emanate from unregulated industries such as bulk chemicals or mining. Will these industries also test their "products" for contaminants? We make no guarantees and have no recourse.

Five Pieces of Legislation You Need to Watch Now for Cosmetics Selling in the U.S.

Today, when the market and regulations are constantly updated, manufacturers can speed up the process of product development by cooperating with third-party institutions. As an experienced cosmetic testing expert, Creative BioMart has the ability to make the optimal decisions for clients on cosmetic regulatory matters with the support of an excellent regulatory affairs team and toxicology department. Our structured approach to regulatory support for cosmetics helps clients simplify the regulatory compliance process and allow their products access to market in the fastest and most cost-effective way.
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