Cosmetic Supply Chain Transparency Act of 2025

Bill Number

H.R. 4434

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Health

Status

Introduced

Latest Action

2025-07-16: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-05-26T20:18:16Z

AI-Generated Summary

Purpose of the Legislation

The Cosmetic Supply Chain Transparency Act of 2025 aims to increase transparency in the cosmetics supply chain by requiring suppliers to share safety and ingredient information with brand owners. This helps companies ensure their products are safe for consumers and the environment, building on existing federal regulations for cosmetics.

Key Provisions

• Definitions (Section 621): Establishes clear terms for the cosmetics industry, such as "brand owner" (entity bringing a cosmetic to market), "ingredient" (intentionally added chemicals with a functional effect), "nonfunctional constituent" (unintended chemicals like byproducts or contaminants that could harm health or the environment), and "supplier" (entities providing cosmetics, ingredients, or packaging).
• Safety Information Requests (Section 622): Brand owners can request detailed data from suppliers within 90 days, including ingredient functions, health/environmental hazards, chemical properties, safety data sheets, full ingredient lists (including fragrances and allergens), and certificates of analysis.
• FDA List of Nonfunctional Constituents (Section 623): The FDA must create and maintain a list of harmful nonfunctional constituents (e.g., carcinogens, endocrine disruptors) known or expected in cosmetics. The initial list is developed with public input and an advisory committee (including industry, nonprofits, scientists, and health experts). The list is updated annually based on science, public comments, or petitions, with guidance on testing best practices.
• Testing and Certification (Section 624): Suppliers must test for listed nonfunctional constituents within one year of their addition to the FDA list and provide brand owners with certificates of analysis, including levels detected, testing methods, detection limits, and heavy metal results before sales.
• Supply Chain Notification and Records (Section 625): If the FDA suspects a cosmetic is unsafe or mislabeled (adulterated or misbranded), it can request supply chain details from brand owners and others. All supply chain entities must keep records of manufacturers, suppliers, and distributors and share them upon request to aid investigations, recalls, or non-distribution orders.
• Penalties (Section 626): Violations of information-sharing, testing, or record-keeping rules can result in civil penalties of up to $10,000 per day.

Significant Changes to Existing Law

• Amends Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) by adding Subchapter A (on adulterated and misbranded cosmetics) and Subchapter B (on supply chain transparency).
• Updates Section 614(b) to clarify that federal rules do not block states from imposing stricter ingredient limits, reporting requirements, or transparency measures for cosmetics. It also preserves state actions under the 2022 Modernization of Cosmetics Regulation Act, except where explicitly preempted.
• Introduces new federal requirements for supply chain disclosure and testing, which were not previously mandated at this level of detail for cosmetics (unlike food or drugs).

Potential Impacts

• Government Agencies: The FDA gains responsibilities for list creation, updates, petitions, advisory committees, and guidance issuance, potentially increasing workload and resource needs for oversight and enforcement.
• Citizens: Consumers may benefit from safer cosmetics through better detection of harmful contaminants, leading to fewer health risks (e.g., from allergens or toxins) and more informed choices via transparent labeling.
• International Relations: Aligns U.S. standards with global lists (e.g., EU regulations, WHO classifications), which could ease trade for U.S. exporters but require importers to meet enhanced transparency, potentially affecting supply chains involving international suppliers.
• No direct impacts on international relations are specified, but harmonization with foreign standards may indirectly support global safety norms.

Main Stakeholders Affected

• Cosmetic Industry: Brand owners, manufacturers, suppliers, formulating laboratories, and flavor/fragrance companies must comply with requests, testing, and record-keeping, increasing operational costs but promoting safer products.
• Government: FDA (primary enforcer) and states (retained authority for stricter rules).
• Consumers and Public Health Groups: Gain protections from harmful substances; nonprofits and scientists may participate in advisory roles or petitions.
• Retailers and Distributors: Required to maintain and share supply chain records during investigations.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens FDA enforcement by mandating records and penalties, potentially leading to more recalls or lawsuits for non-compliance. The petition process allows public input, making regulations more adaptive to new science.
• Constitutional: Preserves state rights under the 10th Amendment by explicitly avoiding preemption of stricter state laws, balancing federal uniformity with local protections (e.g., California's ingredient bans).
• Political: Promotes bipartisan consumer safety goals (introduced by Democrats but refers to prior bipartisan 2022 Act), but may face industry pushback over compliance burdens. No overt political bias in the text; focuses on transparency without banning specific ingredients.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Schakowsky, Janice D. [D-IL-9]

Cosponsors (12)

Rep. Dingell, Debbie [D-MI-6], Rep. Evans, Dwight [D-PA-3], Rep. Khanna, Ro [D-CA-17], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Jacobs, Sara [D-CA-51], Rep. Doggett, Lloyd [D-TX-37], Rep. Matsui, Doris O. [D-CA-7], Rep. Clarke, Yvette D. [D-NY-9], Rep. Fletcher, Lizzie [D-TX-7]

Recent Actions

• 2025-07-16: Referred to the House Committee on Energy and Commerce.
• 2025-07-16: Introduced in House
• 2025-07-16: Introduced in House

Bill Versions

• Cosmetic Supply Chain Transparency Act of 2025 — issued 2025-07-16 — PDF (17 pages)