To ensure that cosmetics and personal care products are safe to use, this bill, proposed by Rep. Schakowsky (D-IL-9) and cosponsored by 29 others, would amend the chapter VI of the Federal Food, Drug, and Cosmetic Act and strengthen the regulatory framework around production and sales of cosmetics. This regulation would require:
- Registration. Cosmetics brand owners should register annually with the necessary information on establishments, cosmetics, and total sales. The list of registered establishments should be maintained and public available.
- Ingredients labels. This bill asks each cosmetics ingredient including fragrance allergens be listed in a descending predominance order and the compositions shall not be regarded as trade secrets. Only the concentration of ingredients may not be disclosed to the public. Moreover, websites of cosmetics must introduce the function of each compound. Specifically, cosmetic-using nanomaterials must to be labeled as “nanoscale” and information for those have scale-specific hazard potential should be highlighted.
- Contaminants. Due to the safety standard for no harm from exposure, lists of all harmful substances as well as prohibited- or retracted- using contaminants must be submitted and updated annually. Relevant physical-chemical-toxicity properties and safety tests should not be missed. Considering the uncertainty of nanomaterials, monitor related scientific advancement then evaluate their safety. Besides, establishments could ask help from the Department of Health and Human Services, the Food and Drug Administration and the Environmental Protection Agency for safer alternatives of toxic chemicals.
- Accidents. Adulterated or misbranded may happened during the introduction or shipment of personal care products. Under such circumstances, responsible parties shall recall and provide for notice on these products. Furthermore, mandatory reports of serious adverse events are requested.
- Animal tests. All animal testing in order to developing a cosmetic for business use is banned, except for those cosmetics lack of safety standard test or non-animal testing method is unavailable.
This amendment involves almost all aspects on safe-using of cosmetics and regulates specific treatment in detail. A similar bill never made it out of committee in 2018.