119-hr4433

[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.

_______________________________________________________________________

 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

_______________________________________________________________________

 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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