119-HR4435

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 4435

1. Short title
2. Cosmetic regulation

1. Short title

This Act may be cited as the "Cosmetic Hazardous Ingredient Right to Know Act of 2025".

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) Adulterated and Misbranded Cosmetics - by inserting before section 601 the following:

(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) Limitations - 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) Fragrances and Flavors - by adding at the end the following: