[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4433 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4433
To amend the Federal Food, Drug, and Cosmetic Act to ban certain
substances in cosmetic products, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 16, 2025
Ms. Schakowsky (for herself, Mrs. Fletcher, Mrs. Dingell, Mr. Evans of
Pennsylvania, Mr. Khanna, Ms. Norton, Mr. Thanedar, Ms. Tlaib, and Mrs.
Watson Coleman) introduced the following bill; which was referred to
the Committee on Energy and Commerce
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A BILL
To amend the Federal Food, Drug, and Cosmetic Act to ban certain
substances in cosmetic products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxic-Free Beauty Act of 2025''.
SEC. 2. BAN ON CERTAIN SUBSTANCES IN COSMETIC PRODUCTS.
(a) In General.--Section 601 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 361) is amended by adding at the end the
following:
``(h) If it contains as an ingredient, any intentionally added
ortho-phthalate or formaldehyde-releasing preservative.
``(i) If it contains any of the following intentionally added
ingredients:
``(1) Formaldehyde (CAS No. 50-00-0).
``(2) Methylene glycol (CAS No. 463-57-0).
``(3) Mercury and mercury compounds (CAS No. 7439-97-6).
``(4) Isobutylparaben (CAS No. 4247-02-3).
``(5) Isopropylparaben (CAS No. 4191-73-5).
``(6) M-Phenylenediamine (including the salts of such
substance) (CAS No. 108-45-2).
``(7) O-Phenylenediamine (including the salts of such
substance) (CAS No. 95-54-5).
``(8) Lilial (CAS No. 7439-97-6).
``(9) Styrene (CAS No. 100-42-5).
``(10) Toluene (CAS No. 108-88-3).
``(11) Triclosan (CAS No. 3380-34-5).
``(12) Triclocarban (CAS No. 101-20-2).
``(13) Cyclotetrasiloxane (CAS No. 556-67-2).
``(14) Acetaldehyde (CAS No. 75-07-0).
``(15) Vinyl acetate (CAS No. 108-05-4).
``(j) If it contains any of the following contaminants:
``(1) 1,4 dioxane (CAS No. 14807-96-6) present at or above
2 parts per million (referred to in this paragraph as `ppm').
``(2) Lead and lead compounds (CAS No. 7439-92-1) present
at or above 2 ppm for color cosmetics or 5 ppm for general
cosmetics.
``(3) Asbestos or asbestos containing compounds, including
asbestos-contaminated talc (present at the lowest possible
limit of detection).''.
(b) Definitions.--Section 604 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 364) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(11) and (12), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Color cosmetic.--The term `color cosmetic' means a
cosmetic that either enhances or conceals natural pigment of an
individual's skin by applying color, including eyeshadow,
eyeliner, blush, lipstick, and foundation.
``(5) Contaminant.--The term `contaminant' means a chemical
that was not intentionally added to a cosmetic and is
incidental to the manufacturing process and serves no intended
function in the finished cosmetic.
``(6) Formaldehyde-releasing preservative.--The term
`formaldehyde-releasing preservative' means a chemical that
releases formaldehyde, to preserve the cosmetic.
``(7) General cosmetic.--The term `general cosmetic' means
a cosmetic that is not primarily intended to provide color,
including a product that cleanses, protects, moisturizes,
provides fragrance, or enhances appearance without imparting
color.
``(8) Ingredient.--The term `ingredient' means any single
chemical entity or mixture used as a component in the
manufacture of a cosmetic.
``(9) Intentionally added.--The term `intentionally added'
means, with respect to a cosmetic, the addition of a chemical
to a cosmetic that serves an intended function in the cosmetic.
``(10) Ortho-phthalate.--The term `ortho-phthalate' means
any member of the class of organic chemicals that are esters of
phthalic acid containing two carbon chains located in the ortho
position.''.
(c) Non-Preemption.--Section 614(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 364j(b)) is amended to read as follows:
``(b) Limitations.--
``(1) In general.--Notwithstanding subsection (a), nothing
in this section shall be construed to prevent any State (or a
political subdivision thereof) from--
``(A) prohibiting the use or limiting the amount of
an ingredient in a cosmetic product;
``(B) continuing to implement a requirement of such
State (or a political subdivision thereof) that is in
effect at the time of enactment of the Modernization of
Cosmetics Regulation Act of 2022 for the reporting to
the State (or a political subdivision thereof) of an
ingredient in a cosmetic product; or
``(C) implementing a requirement of such State (or
a political subdivision thereof) that prohibits or
limits the use (or the amount of such use) of an
ingredient or contaminant specified in paragraph (h),
(i), or (j) of section 601 in a cosmetic product (or
continuing to implement any such requirement that is in
effect as of the date of the enactment of the Toxic-
Free Beauty Act of 2025).
``(2) Modernization of cosmetics regulation act of 2022.--
Nothing in the amendments to this Act made by the Modernization
of Cosmetics Regulation Act of 2022 shall be construed to
preempt any State statute, public initiative, referendum,
regulation, or other State action, except as expressly provided
in subsection (a).''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to cosmetics introduced or delivered into
introduction into interstate commerce beginning on January 1, 2027.
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