[vc_row][vc_column][vc_column_text]An overhaul of federal regulation of
cosmetics that took effect in late 2023 strengthened consumer protection. But U.S. safeguards still trail those enacted by dozens of other countries.
More than 80 countries have imposed
rules targeting ingredients of cosmetics and personal care products, according to the nonprofit Environmental Working Group. Some of these countries have restricted or outright banned hundreds of harmful chemicals from cosmetic products, the group says.
Meanwhile, the U.S. Food and Drug Administration (FDA) has restricted or banned only a handful of cosmetics chemicals for safety reasons, according to the Environmental Working Group. However, some American retailers have committed to phasing out various store-brand cosmetic products containing chemicals that are legal in the U.S. but have been restricted or banned elsewhere.
Although the U.S. remains behind other countries when it comes to cosmetics regulation, the FDA says the new law “will help ensure the safety” of cosmetics that many consumers use each day.
How has U.S. regulation of cosmetics changed?
In December 2022, President Biden signed into law the
Modernization of Cosmetics Regulation Act of 2022. The law took effect in December 2023.
The FDA calls the law “the most significant expansion” of its
authority to regulate cosmetics and their ingredients since passage of the Federal Food, Drug, and Cosmetic Act in 1938. Before 1938, the federal government lacked the power to regulate cosmetics.
“Historically, FDA’s regulatory authority over cosmetics has been more limited and static than its regulatory authority over other FDA-regulated products,” according to a report issued in October 2023 by the independent Congressional Research Service.
Products governed by the modernization law include:
What updates did the Modernization of Cosmetics Regulation Act authorize?
The FDA and Environmental Working Group explain that the modernization act introduced a host of updates to cosmetics regulation. These include:
- New definition of “serious adverse event.” The law broadened the definition of “serious adverse event” for cosmetics. It requires cosmetics companies to report such events to the FDA within 15 days of them occurring. Events that fall under this umbrella include death, life-threatening experience, hospitalization, birth defect and infection.
- Improved labeling. As of December 29, 2024, labels for cosmetic and personal care products had to include U.S. contact information for reporting adverse events.
- More power regarding recalls. The FDA can now order a mandatory recall of cosmetics if there’s a “reasonable probability” that a use of or exposure to a cosmetic product would cause serious health problems or death. Previously, the FDA could request a voluntary recall but not require a recall.
- Mandatory registration of cosmetics facilities and products. By July 2024, facilities that make or process cosmetics sold in the U.S. had to register with the FDA and had to supply lists of their products.
- Stepped-up manufacturing standards. The law enables the FDA to set standards for cosmetics facilities, with an emphasis on quality control and sanitary conditions. “The aim is to prevent adulteration or contamination of personal care products,” says the Environmental Working Group, “and facilitate FDA inspections to ensure product integrity.”
- More fragrance disclosures. As of July 29, 2024, fragrance allergens had to be disclosed on labels for personal care products.
- “Forever chemicals” study. The FDA will coordinate an assessment of safety and risks tied to toxic “forever chemicals” in personal care products. Findings of the assessment will be made public.
In a recent
white paper, law firm Crowell & Mooring noted that the FDA previously had “limited tools” for regulation of cosmetics, relying largely on voluntary self-regulation and registration.
The white paper stresses that the modernization law promises to change the way makers, packagers, importers, distributors and sellers of cosmetics in the U.S.:
- Validate products before they’re sold.
- Verify the safety and effectiveness of their products.
- Track products throughout the distribution chain.
- Monitor feedback from consumers.
What’s next for cosmetics regulation?
Although the FDA hails the modernization act as “the most significant expansion” of federal cosmetics oversight since the 1930s, the Environmental Working Group complains that the regulatory makeover didn’t go far enough.
“While the law is a step in the right direction, it doesn’t compel the FDA to review or restrict harmful chemicals,” the group said on its website in December 2023. “The U.S. has lagged behind more than
80 other countries who have taken action to protect their citizens from chemicals linked to cancer and reproductive harm.”
The Congressional Research Service report declared that even with enactment of the modernization, some issues linger — particularly “the ongoing lack of premarket approval for cosmetics and many … ingredients of concern not selected for risk assessment.”
The Environmental Working Group does single out one avenue for reviewing and restricting harmful chemicals in the U.S. — state lawmakers and regulators. In 2023, the group cited 20 states that had restricted or banned certain worrisome chemicals used to manufacture cosmetics. The group said “continued vigilance at the state level is vital” to protecting buyers of cosmetic and personal care products.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_text_separator title="Featured Products" border_width="2"][vc_row_inner equal_height="yes" content_placement="middle" gap="35"][vc_column_inner width="1/3"][vc_single_image image="181724" img_size="full" alignment="center" onclick="custom_link" img_link_target="_blank" css=".vc_custom_1738108220879{padding-right: 7% !important;padding-left: 7% !important;}" link="https://www.vitacost.com/mineral-fusion-natural-beauty-eye-lip-kit"][/vc_column_inner][vc_column_inner width="1/3"][vc_single_image image="181723" img_size="full" alignment="center" onclick="custom_link" img_link_target="_blank" css=".vc_custom_1738108241423{padding-right: 7% !important;padding-left: 7% !important;}" link="https://www.vitacost.com/gabriel-dual-powder-foundation-refill-medium-beige"][/vc_column_inner][vc_column_inner width="1/3"][vc_single_image image="181725" img_size="full" alignment="center" onclick="custom_link" img_link_target="_blank" css=".vc_custom_1738108259771{padding-right: 7% !important;padding-left: 7% !important;}" link="https://www.vitacost.com/pacifica-aquarian-gaze-water-resistant-long-lash-mineral-mascara-black"][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]
