119-hr4435

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4435 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4435

 To amend the Federal Food, Drug, and Cosmetic Act to increase 
 transparency with respect to cosmetic ingredients, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 16, 2025

 Ms. Schakowsky (for herself, Ms. Matsui, 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 increase 
 transparency with respect to cosmetic ingredients, 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 ``Cosmetic Hazardous Ingredient Right 
to Know Act of 2025''.

SEC. 2. COSMETIC REGULATION.

    (a) 

=== Definition. ===
-

Section 201
            (i) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321
            (i) ) is amended by adding at the end the 
following: ``Such term includes such an article that is intended for 
consumer sale or professional use (as defined in 

section 617).''.

    (b) Regulation.--Chapter VI of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 361 et seq.) is amended--

    (1) by inserting before 

section 601 the following:

 ``Subchapter A--Adulterated and Misbranded Cosmetics'';

    (2) in 

section 602, by adding at the end the following:
 ``

    (g) If the fragrance and flavor ingredient information required 
to be disclosed pursuant to sections 615 and 616 is not disclosed in 
accordance with such sections.
 ``

    (h) If its packaging fails to include any fragrance or flavor 
ingredient present in such cosmetic or the website of the brand owner 
of such cosmetic fails to disclose any such fragrance or flavor 
ingredient.
 ``
            (i) If the website of the brand owner of the cosmetic fails to 
include a link to the Uniform Resource Locator (referred to in this 
chapter as a `URL') for any list specified in 

section 616

    (b) on which 
each ingredient present in such cosmetic appears.'';

    (3) in 

section 614, by amending subsection

    (b) 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 provides for 
 greater transparency, disclosure, or protection with 
 respect to a cosmetic ingredient than the requirements 
 established under the amendments made by the Cosmetic 
 Hazardous Ingredient Right to Know Act of 2025 (or 
 continuing to implement any such requirement that is in 
 effect as of the date of the enactment of such Act).
 ``

    (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) .''.

    (4) by adding at the end the following:

 ``Subchapter B--Fragrances and Flavors

``

SEC. 615. WEBSITE DISCLOSURE OF INGREDIENTS.

 ``

    (a) In General.--Effective beginning on the date that is 1 year 
after the date of the enactment of the Cosmetic Hazardous Ingredient 
Right to Know Act of 2025, a brand owner shall disclose in an 
electronically readable format on the website of the brand owner, and 
make available to any relevant internet vendor, with respect to each 
cosmetic sold or offered for sale in interstate commerce by such brand 
owner, the following information:
 ``

    (1) A full listing of each ingredient present in such 
 cosmetic, including each fragrance or flavor ingredient present 
 in such cosmetic, in descending order of predominance.
 ``

    (2) Any ingredient present in such cosmetic, listed in 
 descending order of predominance, followed by a link to the URL 
 of any list under 

section 616

    (b) on which such ingredient 
 appears.
 ``

    (3) The functional purpose served by each such fragrance 
 or flavor ingredient.
 ``

    (4) A link to the hazard communication safety data sheet 
 for any such cosmetic intended for professional use.
 ``

    (b) Updates.--In the case of an update to any of the lists 
specified in subsection

    (b) or
            (c) of 

section 616 with respect to a 
cosmetic sold or offered for sale in interstate commerce by a brand 
owner, the brand owner shall revise the disclosure made under 
subsection

    (a) to reflect such update not later than 7 months after the 
date on which such update is formally noticed by the authoritative body 
who administers the list.

``

SEC. 616. COSMETIC INGREDIENT PRODUCT LABEL DISCLOSURE.

 ``

    (a) In General.--Effective beginning on the date that is 2 years 
after the date of the enactment of the Cosmetic Hazardous Ingredient 
Right to Know Act of 2025, for purposes of 

section 602

    (h) , the 
packaging or labeling of a cosmetic shall include--
 ``

    (1) A full listing of each ingredient present in such 
 cosmetic (including each fragrance or flavor ingredient), 
 listed in descending order of predominance.
 ``

    (2) In the case of a cosmetic in which any ingredient 
 specified in subsection

    (b) is present, the following 
 statement: `For health impacts related to any ingredients in 
 this product, visit: www.____.', with the uniform resource 
 locator of the website of the brand owner placed in the blank 
 space.
 ``

    (b) Ingredients Specified.--The ingredients specified in this 
subsection are the following chemicals (including chemicals included in 
any list specified in this subsection after the date of the enactment 
of this subchapter):
 ``

    (1) Chemicals for which a reference dose or reference 
 concentration has been developed based on neurotoxicity in the 
 Environmental Protection Agency's Integrated Risk Information 
 System.
 ``

    (2) Chemicals that are identified as carcinogenic to 
 humans, likely to be carcinogenic to humans, or as group A, B1, 
 or B2 carcinogens, in the Environmental Protection Agency's 
 Integrated Risk Information System.
 ``

    (3) Persistent, bioaccumulative, and toxic Priority 
 Chemicals identified by the Environmental Protection Agency's 
 National Waste Minimization Program as of February 22, 2016.
 ``

    (4) Chemicals that are identified in volumes 1 through 4 
 of the Reports on Human Exposure to Environmental Chemicals 
 issued by the Centers for Disease Control and Prevention (and 
 any updates to such reports).
 ``

    (5) Toxic pollutants listed under 

section 20 307

    (a)

    (1) of 
 the Federal Water Pollution Control Act and priority pollutants 
 identified in appendix A to part 423 of title 40, Code of 
 Federal Regulations (or successor regulations).
 ``

    (6) Chemicals classified as `Persistent, Bioaccumulative 
 and Toxic' by the Toxics Release Inventory published by the 
 Environmental Protection Agency pursuant to 

section 313 of the 
 Emergency Planning and Community Right-to-Know Act of 1986.
 ``

    (7) Chemicals that are identified in the Agency for Toxic 
 Substances and Disease Registry's Toxic Substances Portal.
 ``

    (8) Chemicals that are hazardous substances, as such term 
 is defined in 

section 101

    (14) of the Comprehensive 
 Environmental Response, Compensation, and Liability Act of 
 1980.
 ``

    (9) Reproductive and developmental toxicants identified 
 by monographs issued by the National Toxicology Program Center 
 for the Evaluation of Risks to Human Reproduction.
 ``

    (10) Chemicals that are identified as known to be, or 
 reasonably anticipated to be human carcinogens by the most 
 recent Report on Carcinogens prepared by the National 
 Toxicology Program pursuant to 

section 301

    (b)

    (4) of the Public 
 Health Service Act.
 ``

    (11) Chemicals identified as persistent, bioaccumulative, 
 and toxic

    (PBT) chemicals by the Department of Ecology of the 
 State of Washington (WAC 173-333

    (2006) ).
 ``

    (12) Chemicals specified in Chapter 6.6 of the California 
 Safe Drinking Water and Toxic Enforcement Act of 1986 (sections 
 25249.5 through 25249.14 of the California Health and Safety 
 Code), List of Reproductive and Developmental Toxicants and 
 Carcinogens.
 ``

    (13) Chemicals for which primary maximum contaminant 
 levels have been established and adopted under 

section 64431, 
 64444, or 64444.5 of division 22 of title 26 of the California 
 Code of Regulations and chemicals for which notification 
 levels, as defined in 

section 116455 of the California Health 
 and Safety Code, have been established by the California State 
 Water Resources Control Board.
 ``

    (14) Chemicals identified as toxic air contaminants under 
 

section 93000 or 93001 of title 17 of the California Code of 
 Regulations.
 ``

    (15) Substances classified as carcinogens, mutagens or 
 reproductive toxicants in Appendices 1 through 6 of Annex XVII 
 to Regulation

    (EC) No. 1907/2006 of the European Union's 
 Registration, Evaluation, Authorisation and Restriction of 
 Chemicals

    (REACH) law, as revised by the Commission Regulation

    (EU) 2020/2096 of 15 December 2020.
 ``

    (16) Chemicals included in the European Union Candidate 
 List of Substances of Very High Concern in accordance with 
 Article 59 of the REACH Regulation

    (EC) No. 1907/2006 on the 
 basis of fulfilling the criteria defined in Article 57

    (f) for 
 endocrine disrupting properties.
 ``

    (17) Chemicals included in such European Chemicals Agency 
 Candidate List of Substances of Very High Concern on the basis 
 of fulfilling the criteria defined in Article 57
            (d) , Article 
 57

    (e) , or Article 57

    (f) for persistent, bioaccumulative and 
 toxic, or very persistent and very bioaccumulative, properties.
 ``

    (18) Chemicals classified by the European Union in Annex 
 VI to Regulation

    (EC) No. 1272/2008 as respiratory sensitizer 
 category 1.
 ``

    (19) Chemicals that are identified as persistent, 
 bioaccumulative, and inherently toxic to the environment by the 
 Canadian Environmental Protection Act Environmental Registry 
 Domestic Substances List pursuant to subsection 66

    (1) of the 
 Canadian Environmental Protection Act, 1999.
 ``

    (20) Group 1, 2A, or 2B carcinogens identified by the 
 International Agency for Research on Cancer of the World Health 
 Organization.
 ``

    (21) Chemicals that are identified on Part A of the list 
 of Chemicals for Priority Action prepared by the Oslo and Paris 
 Conventions for the Protection of the Marine Environment of the 
 North-East Atlantic.
 ``

    (22) Chemicals that are skin sensitizers and irritants 
 classified by Regulation

    (EC) No 1272/2008 of the European 
 Parliament and of the Council of 16 December 2008 on 
 classification, labelling and packaging of substances and 
 mixtures, amending and repealing Directives 67/548/EEC and 
 1999/45/EC, and amending Regulation

    (EC) No 1907/2006.
 ``
            (c) Master List.--
 ``

    (1) In general.--Not later than 6 months after the date 
 of the enactment of the Cosmetic Hazardous Ingredient Right to 
 Know Act of 2025, the Secretary shall--
 ``
        (A) establish a master list of the chemicals that 
 appear on the lists specified in subsections

    (b) and
            (c) ;
 ``
        (B) post such master list on a publicly available 
 website of the Food and Drug Administration; and
 ``
            (C) establish a voluntary electronic distribution 
 list to which cosmetic manufacturers and other 
 interested parties may subscribe to receive a copy of 
 the master list and any subsequent updates.
 ``

    (2) Updates.--
 ``
        (A) In general.--The Secretary shall maintain the 
 master list established under paragraph

    (1) and make 
 updates to such list as necessary.
 ``
        (B) Notification.--Not later than 30 days after 
 making an update pursuant to subparagraph
        (A) , the 
 Secretary shall notify subscribers to the electronic 
 distribution list referred to in paragraph

    (1)
            (C) of 
 that update.
 ``
            (C) Semi-annual updates.--Not less frequently 
 than twice per year, the Secretary shall publish on a 
 publicly available website of the Food and Drug 
 Administration a list of updates to the master list 
 made during the preceding 6-month period that includes 
 summaries of any chemicals added to or removed from the 
 lists specified in subsections

    (b) and
            (c) .

``

SEC. 617. DEFINITIONS.

 ``In this subchapter:
 ``

    (1) Brand owner.--The term `brand owner' means the entity 
 responsible for bringing a cosmetic to market for retail 
 consumer sale or professional use.
 ``

    (2) Electronically readable format.--The term 
 `electronically readable format' means, with respect to 
 information, that the information provided--
 ``
        (A) is machine readable by automated systems, 
 including, web browsers, accessibility software to aid 
 the disabled, automated scripts, and other software 
 programs or applications;
 ``
        (B) is not restricted from access by search 
 engines;
 ``
            (C) is not restricted from access by a 
 requirement for registration, the provision of 
 personally identifiable information, or the use of 
 CAPTCHA or similar challenge response test 
 technologies, whether visual, auditory, or otherwise; 
 and
 ``
            (D) conforms to the most current version of the 
 Web Content Accessibility Guidelines adopted by the Web 
 Content Accessibility Guidelines Working Group of the 
 World Wide Web Consortium.
 ``

    (3) Flavor ingredient.--The term `flavor ingredient' 
 means, with respect to a cosmetic, any intentionally added 
 substance or complex mixture of aroma chemicals, flavor 
 chemicals, natural essential oils, and other functional 
 ingredient or ingredients, including the constituent 
 ingredients of botanicals, for which the purpose is to impart a 
 flavor or taste, or to counteract a flavor or taste.
 ``

    (4) Fragrance ingredient.--The term `fragrance 
 ingredient' means, with respect to a cosmetic, any 
 intentionally added substance or complex mixture of aroma 
 chemicals, natural essential oils, and other functional 
 ingredient or ingredients for which the purpose is to impart an 
 odor or scent, or to counteract an odor.
 ``

    (5) Ingredient.--The term `ingredient' means a chemical 
 in a cosmetic, including--
 ``
        (A) a chemical that has a technical or functional 
 effect in the cosmetic, including the breakdown 
 products of an intentionally added chemical that also 
 have a functional or technical effect in the cosmetic;
 ``
        (B) a substance that is present by reason of 
 having been added to a cosmetic during processing for 
 the substance's technical or functional effect;
 ``
            (C) a fragrance, flavor, preservative, or 
 colorant (and the components thereof); and
 ``
            (D) any individual component that the Secretary 
 deems to be an ingredient for purposes of this 
 subchapter.
 ``

    (6) Professional use.--The term `professional use' 
 means--
 ``
        (A) the application of a cosmetic to a human 
 customer or client that is intended only for use by an 
 employee or contractor, in settings such as 
 cosmetology, nail care, barbering, esthetics, spa, and 
 other professions as determined by the Secretary 
 through regulation; or
 ``
        (B) the use by, or application to, a human of a 
 cosmetic purchased from a hair salon, nail salon, 
 beauty salon, spa, or other establishment that provides 
 cosmetic treatment services for humans.''.
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