HR 4434
Cosmetic Supply Chain Transparency Act of 2025
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Bill overview
The Cosmetic Supply Chain Transparency Act of 2025 aims to improve the safety of cosmetics by requiring greater transparency within the industry’s supply chain. The FDA will create and maintain a list of ‘nonfunctional constituents’ – chemicals present in cosmetics that are known or reasonably expected to be harmful – and establish testing and disclosure requirements for suppliers and brand owners. The bill also mandates that suppliers provide brands with information about the ingredients used in their products and establishes a process for adding substances to the FDA’s list of harmful chemicals. Finally, it outlines civil penalties for non-compliance.
Key provisions
- The FDA will create and maintain a list of ‘nonfunctional constituents’ in cosmetics.
- Suppliers must test for and provide brands with results regarding nonfunctional constituents before selling ingredients or cosmetics.
- Brand owners must maintain records of suppliers and provide them to the FDA upon request.
- The FDA will issue guidance to the industry on testing and detecting nonfunctional constituents.
- A committee will advise the FDA on creating the list and developing industry guidance.
- Petition process established for adding substances to the nonfunctional constituent list.
- Suppliers must provide brands with detailed information about ingredients, including heavy metal testing results.
- Civil penalties will be imposed for violations of the bill’s provisions.
Who is affected
- Cosmetic brand owners
- Cosmetic suppliers
- Flavor and fragrance companies
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
119th CONGRESS — 1st Session
H. R. 4434
IN THE HOUSE OF REPRESENTATIVES
A BILL
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.
This Act may be cited as the Cosmetic Supply Chain Transparency Act of 2025
.
Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amended—
by inserting before section 601 the following:
in section 614, by amending subsection (b) to read as follows:
prohibiting the use or limiting the amount of an ingredient in a cosmetic product;
Cosmetic Supply Chain Transparency Act of 2025
, that provides greater transparency, disclosure, or protection than the amendments made by such Act, with respect to—cosmetic ingredients;
the practices used in the manufacture of cosmetics (and the ingredients thereof); or
the disclosure of information with respect to such ingredients or such practices.
by adding at the end the following:
In this subchapter:
The term brand owner means the entity responsible for bringing a cosmetic to market.
harmful to human health or the environmentmeans, with respect to a nonfunctional constituent—
a reproductive or developmental toxicant;
persistent, bioaccumulative, and toxic;
an allergen; or
an endocrine disruptor, carcinogen, or mutagen; and
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.
European Union Regulation 1223/2009/EC on Cosmetic Products, as amended by Regulation (EU) 2020/1683, Annex II–Prohibited Substances.
Annex III of European Union Cosmetics Regulation No. 1223/2009, as required to be disclosed pursuant to European Union Detergents Regulation No. 21648/2004.
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.
Substances classified as carcinogens, mutagens, or reproductive toxicants in Appendices 1–6 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 December 15, 2020.
Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer of the World Health Organization.
The term ingredient means an intentionally added chemical in a cosmetic that has a technical or functional effect, including—
the breakdown products of an intentionally added chemical that also have a functional or technical effect in the cosmetic;
a fragrance, flavor, preservative, or colorant (and the components thereof); and
any individual component that the Secretary deems to be an ingredient for purposes of this subchapter.
The term incidental component means—
a chemical added during the manufacturing process at any point in a cosmetic’s, or an ingredient’s, supply chain, but which has no functional or technical effect in the finished cosmetic; or
a chemical present in the environment which was introduced into a cosmetic, or into an ingredient, at any point in the supply chain for the cosmetic or ingredient.
The term manufacturer means any entity that—
produces an ingredient; or
combines one or more ingredients to produce a cosmetic.
as an incidental component of an intentionally added ingredient;
as a breakdown product of an intentionally added ingredient;
as a byproduct of the manufacturing process;
due to storage of primary substances; or
due to instability of the packaging.
is used in the manufacture of a cosmetic for commercial distribution; and
is supplied to a cosmetic manufacturer, packer, or distributor by a cosmetic raw material manufacturer or supplier.
means an entity that supplies a cosmetic, cosmetic packaging, or an ingredient or raw material of a cosmetic or cosmetic packaging; and
includes any such entity that is a manufacturer, a formulating laboratory, or a fragrance or flavor company.
At the request of a brand owner of a cosmetic, a supplier of the cosmetic or any ingredient therein shall, not later than 90 days after receipt of such request, provide to the brand owner, with respect to the cosmetic or ingredient, any of the following information:
Functions and uses.
The Chemical Abstracts Services Registry number of any such ingredient.
Heavy metal testing results.
Safety data sheets.
Manufacturing flow charts.
Composition statement.
The list under subsection (a) shall consist of nonfunctional constituents that are—
known or reasonably expected to be present in cosmetics or ingredients; and
subject to subsection (e)(2), harmful to human health or the environment.
publish a proposed list and provide an opportunity for public comment on such proposed list for a period of 60 days; and
Cosmetic Supply Chain Transparency Act of 2025
, finalize and publish the list.Cosmetic Supply Chain Transparency Act of 2025
, the Secretary shall convene an advisory committee to advise the Secretary on—creating the initial list under subsection (a); and
best practices related to analytical testing for nonfunctional constituents in cosmetics and ingredients.
representatives from industry;
representatives from the nonprofit community;
representatives from the scientific community; and
The Secretary shall terminate the advisory committee convened under this paragraph upon the finalization of the initial list pursuant to paragraph (1).
update the list by adding any nonfunctional constituent whose addition was approved pursuant to a petition under subsection (f).
a nonfunctional constituent to the list under subsection (a); or
a new list to the lists specified in section 621(4)(B).
not later than 24 months after the date of enactment of the
Cosmetic Supply Chain Transparency Act of 2025
, shall develop and publish the process for submitting a petition under this subsection; andmay periodically review and update such process.
Such process shall specify the necessary scientific justification that must be included in a petition.
The Secretary shall—
provide a 30-day period for public comment on a petition; and
If the Secretary approves a petition, the Secretary shall provide notice in the Federal Register of each addition made pursuant to such approval.
In denying a petition, the Secretary shall provide a written justification to the petitioner for the denial.
analytical testing for nonfunctional constituents in cosmetics and ingredients; and
may periodically review and update such guidance.
A supplier of an ingredient or cosmetic shall—
the levels of each such nonfunctional constituent present;
heavy metal testing results.
In the case of a cosmetic that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act, the Secretary shall request that the brand owner named on the label of such cosmetic submit to the Secretary all of the following information:
The name and place of business of the manufacturer of the cosmetic and any supplier of an ingredient or raw material used in the manufacture of the cosmetic.
The name and place of business of any entity (including any retailer) to which the brand owner provided the cosmetic.
In the case of a cosmetic that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act, to the extent necessary to protect the safety of the public, the Secretary may request that any entity in the supply chain of such cosmetic submit to the Secretary information that is similar to the information described in paragraphs (1) and (2) of subsection (a).
Any entity in the supply chain of a cosmetic (including the brand owner named on the label of a cosmetic) shall—
maintain records sufficient to provide the information described in paragraphs (1) and (2) of subsection (a); and
provide such information to the Secretary upon the request of the Secretary.
Any person that violates section 622, 624, or 625 shall be liable to the United States for a civil penalty in an amount up to $10,000 for each day on which such violation continues.