Bipartisan bill introduced by Collins updates FDA authority over safety of cosmetics

U.S. Sen. Susan Collins (R-ME) cosponsored bipartisan legislation that would modernize the Federal Food, Drug, and Cosmetic Act, the 83-year-old law governing the U.S. Food and Drug Administration’s (FDA’s) oversight of cosmetics to ensure their safety.

“Americans use a variety of cosmetics and personal care products daily, including lotions, shampoos and makeup, and they should be able to trust that these products are safe to apply to their hair or skin,” said Sen. Collins. 

Along with bill sponsor U.S. Sen. Dianne Feinstein (D-CA), Sen. Collins on June 17 introduced the Personal Care Products Safety Act, S. 2100, to empower the FDA to review product ingredients and provide companies with clear guidance, including whether ingredients should continue to be used and if consumer warnings are necessary, according to a bill summary provided by Sen. Collins’ office.

If enacted, S. 2100 also would give the FDA new authority to issue recalls on products likely to cause significant harm if companies refuse to do so voluntarily and would require companies to register with the FDA, disclose the ingredients they use, and attest that they have safety records for their products, the summary says.

Among several other provisions, S. 2100 would direct the FDA to issue a ban on products that intentionally contain the toxic perfluoroalkyl or polyfluoroalkyl substances (PFAS); require the FDA to issue regulations outlining best manufacturing practices for personal care products; and to provide technical assistance for smaller businesses to comply with the law.

The FDA also would be authorized to seize counterfeit cosmetic products and seek civil penalties for violations and authorize the department to collect user fees from manufacturers to fund oversight activities, similar to what is done for medications and medical devices, the bill summary says.

“By strengthening FDA oversight of the ingredients in personal care products for the first time in more than 80 years,” said Sen. Collins, “our legislation would help protect the health of consumers, support small businesses, and provide regulatory certainty for manufacturers.”

The bill has been endorsed by nearly 20 organizations, including Burt’s Bees.