All Talc, No Action: Washington Goes Soft on Asbestos Testing

Some lawmakers say that much more regulation and oversight is needed in the cosmetics industry. One concern? Products that contain talc.

Talc, which can be found in cosmetic products from blush to eye shadow, has received increased scrutiny in recent years because of how easily it can be contaminated with asbestos, which is a known carcinogen. Lawmakers have pushed for more testing on talc products in recent years, but now say the momentum built around that has stalled. And in some cases, they worry they may even be moving backward.

“There’s so many things missing in cosmetic [regulation] to make sure we know exactly what’s in them and what the consequence is of having all these things,” Rep. Jan Schakowsky told NOTUS. “It’s not just for people who use cosmetics, but it’s for people who work in salons and things. We need to do better for them as well.”

It’s a topic that gets little attention relative to other major policy issues Congress is focused on. But in 2023, Congress passed the Personal Care Products Safety Act, which strengthened the FDA’s oversight of personal care products such as cosmetics. It also gave the FDA the power to outline manufacturing practices of cosmetics.

In November, however, the Food and Drug Administration withdrew its proposed rule to test talcum powder in cosmetics for traces of asbestos. The rule, which was proposed by the Biden administration, was never finalized. But it would have standardized testing for asbestos in talc.

In a statement about the withdrawal, the FDA said it would reconsider how to address the issues covered by the proposed rule, adding that it is still interested in figuring out ways to reduce the potential of exposure to asbestos.

“While the Agency is withdrawing the proposed rule, FDA will issue a proposed rule to meet its statutory obligations under section 3505 of MoCRA,” the FDA said in its announcement to withdraw the proposed rule, referring to the section of the law that requires the FDA to set and mandate regulations for manufacturers to test talc-containing cosmetics for asbestos.

The FDA has not said what the new proposed rule will be or when it will be released, and did not comment additionally to NOTUS.

Several lawmakers told NOTUS they had not heard of the rule withdrawal.

But Sen. Patty Murray, who in the past has advocated for FDA oversight of personal care products, said she was “appalled” that the FDA withdrew the proposed rule to test talc cosmetics for asbestos.

“Women should know what they’re using. We passed that legislation so that people would have the information they needed, and I’m just appalled that they pulled the rule,” Murray said, in reference to the Modernization of Cosmetics Regulation Act of 2022, which expanded the FDA’s authority to regulate cosmetics.

When asked how Congress should respond to the FDA’s withdrawal, Murray said, “I think the administration should do the right thing and reinstate it.”

Melanie Benesh, vice president of government affairs for the Environmental Working Group, which advocates for healthier personal care products, however, said lawmakers should push the FDA to reinstate the proposed rule.

“Lawmakers can challenge the FDA withdrawal of this rule, lawmakers should hold the FDA accountable,” Benesh said. “They should be asking the FDA questions about this action that they’ve taken, and pushing the FDA to reinstate these proposed testing requirements and finalize them quickly so that consumers are protected.”

She said that if the rule withdrawal is allowed to continue, “the people that are going to suffer as a result of that are consumers.”

Some advocates for more oversight argued that the rule withdrawal went against the Modernization of Cosmetics Regulation Act of 2022.

“Thousands of products that contain talc can be contaminated with asbestos, one of the world’s deadliest substances. Tests for the presence of asbestos are the only way to ensure products made with talc are safe,” the Environmental Working Group’s senior vice president for government affairs, Scott Faber, said in a statement the day the withdrawal was announced. “Today’s action is also illegal. Congress clearly required the FDA to mandate tests for talc in cosmetics.”