The Modernization of Cosmetics Regulation Act of 2022 Grants The FDA Cosmetics Regulation Authority
People buying beauty and cosmetic products no longer risk that the ingredients in cosmetics may cause disease or permanent injury
Thursday, January 19, 2023 - Women are surprised and dismayed when they hear that the cosmetics that they are applying to their faces, and other beauty products they use have not been tested, approved, or regulated by the federal government. Most people assume that the US Food and Drug Administration (FDA) has the responsibility to keep dangerous cosmetic, health, and beauty care products off of the market, but they do not. The entire cosmetics industry is self-regulating meaning that the FDA merely issues guidance to each company and it is the company's responsibility to make sure their products do not harm consumer health. Back in 2020, during the height of the talcum powder cancer scandal, the cosmetics industry appeared to have dropped the ball regarding self-regulating when the FDA discovered asbestos in Johnson's Baby Powder. Asbestos is a known carcinogen found in the ground adjacent and sometimes overlapping or interspersed with talc. Many cosmetics sold by Claire's department stores to young women also have been tested and found to contain asbestos. Hidden deep with the, recently-passed omnibus spending bill was the Modernization of Cosmetics Regulation Act of 2022 which gives the FDA new powers to regulate the cosmetics industry.
Talc is the main ingredient in several types of cosmetics like foundations, blush, and other powders. The MOCRA is designed to increase consumer confidence in cosmetic products by requiring companies to test their talc-based products for asbestos, a known carcinogen. In light of the ongoing talcum powder lawsuits, the FDA has come under increasing pressure to insist that the cosmetics industry use stricter and standardized talc/asbestos testing methods. It is hoped that stricter testing will ensure talc-based cosmetics are free from the deadly carcinogen before going to market. The Modernization of Cosmetics Regulation Act is designed to accomplish just that ... to make sure that no talc that contains even the smallest possible amount of asbestos makes it to market. The increase in transparency of the cosmetics industry and their willingness to self-regulate will promote consumer confidence and increase sales of asbestos-free cosmetics.
Under The Act, companies must prove that their talc has been tested with the most modern methods and is asbestos-free. Companies may do so by acquiring a certificate of authenticity from their talc supplier or by testing it themselves. Companies must report any legal complaint or lawsuit against them to the FDA that involves an allegation of injury or death from using their talc-based cosmetics. The FDA has also been given recall authority over all cosmetics products and has the responsibility to do so if a product contains asbestos and thus is a consumer health risk. The FDA is required to publish a talc/asbestos database accessible to all consumers online to check the health status of the products they wish to use before using them. The database will list all complaints of adverse reactions from using a particular cosmetic item.
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