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cosmetics containing asbestos

New Legislation Will Empower FDA to Address Asbestos in Cosmetics

Legislation to provide more oversight in the cosmetic industry is a step closer to being implemented. Asbestos has contaminated makeup products for decades due to the unregulated use of cosmetic-grade talcum powder.

In 2022, the U.S. Food and Drug Administration (FDA) issued a draft guidance document for the Modernization of Cosmetics Regulation Act (MoCRA), highlighting key changes broadening the agency’s jurisdiction to regulate cosmetics and ensure consumer safety. MoCRA provides the FDA the authority to:

  • Access certain information related to cosmetic products, such as safety records.
  • Issue a mandatory recall if the cosmetic is adulterated, misbranded, or causes severe health conditions or death.

MoCRA also establishes new requirements for the cosmetics industry, including:

  • Mandatory adverse event reporting within 15 days of the event.
  • Registration of cosmetic manufacturing facilities with the FDA, with two-year renewals.
  • Mandatory reporting of cosmetic ingredients to the FDA, updated annually.
  • Mandatory safety records supporting the safety and substantiation of cosmetic products.
  • Compliance with FDA regulations for good manufacturing processes, fragrance allergen labeling, and standardized asbestos testing methods in talc-containing cosmetic products.

Provisions outlined in MoCRA have one-year deadlines and are expected to take effect in December 2023.

If you or a loved one has been diagnosed with mesothelioma or asbestos lung cancer, contact our team at Shein Law. Call 877-743-4652 or contact us online to schedule a consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in Pennsylvania and New Jersey.

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