Sponsors (13)
The bill gives states more authority to protect public health and preserve local transparency for cosmetics, but does so at the cost of a potentially costly, complex patchwork of rules that could raise compliance burdens and reduce product availability for some Americans.
State and local governments can ban or restrict specific cosmetic ingredients, allowing jurisdictions to take stronger, faster action to protect public health for consumers in those states.
States may preserve or impose ingredient-reporting and disclosure requirements beyond federal law, maintaining local transparency that helps consumers make informed choices and supports local oversight.
Small cosmetic manufacturers face a patchwork of differing state rules, increasing compliance costs and administrative burdens that can squeeze margins and raise prices for consumers.
Differing state standards complicate interstate commerce and enforcement, creating legal uncertainty for manufacturers and regulators (e.g., FDA) about which rules apply where.
Consumers in some states could face reduced product availability if manufacturers withdraw products rather than comply with multiple state-specific requirements.
Based on analysis of 2 sections of legislative text.
Clarifies that states may restrict cosmetic ingredients and keep or impose ingredient-reporting and disclosure rules unless federal law expressly preempts them.
Amends the Federal Food, Drug, and Cosmetic Act to clarify that states and local governments retain authority to restrict or ban cosmetic ingredients, keep ingredient-reporting rules already in place, and require greater transparency or protections than federal law when not explicitly preempted. It revises the statute’s limitations on preemption to state action so the 2022 Modernization of Cosmetics Regulation Act does not override existing or future state laws except where the federal law expressly says it does.
Official title: To amend title VI of the Federal Food, Drug, and Cosmetic Act to ensure the supply chain transparency needed for companies to make safe cosmetics, and for other purposes.
Introduced July 16, 2025 by Janice D. Schakowsky · Last progress July 16, 2025