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Other Shoe Finally Drops on Cosmetics Regulation

In late December, the U.S. Congress passed, and President Biden signed, a big federal spending bill that included significant new changes to the laws applicable to cosmetics products.

Eric New

The new law places new requirements on cosmetics packagers, and gives FDA new powers over them. It’s a massive strengthening of FDA oversight over these products, and is the culmination of years of efforts by advocates for more FDA power, who asserted that FDA’s limited powers had resulted in safety issues.

Cosmetics companies will, starting December 29 of 2023, be required to register their facilities with FDA, and list with FDA the products they make (and update the list each year) including a list of their ingredients. They’ll also have to keep on hand records substantiating the safety of the ingredients they use in their cosmetic products, and report adverse reactions to its products. FDA gains new power to suspend a company’s facility registration if it thinks a product made there could be a danger to health, and can order a company to recall a product if it thinks there’s a “reasonable probability” that it’s adulterated and might be a danger to health and the manufacturer refuses to recall it. The new law calls on FDA to develop Good Manufacturing Practices regulations for cosmetics as well, and take steps to address asbestos in talc and PFAS in cosmetics.

Also, state and local governments are preempted by the new law from imposing other requisites relating to topics including those mentioned above, though they will maintain some powers over cosmetics, such as the ability to restrict some uses of specific ingredients.

The law’s definition of a “cosmetic” stays the same as it has been for decades:

The term “cosmetic” means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles; except that such term shall not include soap.


Read article   Interested in cosmetics packaging? Read more about recent equipment and automation innovations that Packaging World contributor and cosmetics automation expert David Hoenig found at the recent PACK EXPO International. 

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