Cosmetic Hazardous Ingredient Right to Know Act of 2025

Bill Number

H.R. 4435

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

2026-05-26T19:53:57Z

AI-Generated Summary

Purpose

The Cosmetic Hazardous Ingredient Right to Know Act of 2025 aims to increase transparency about ingredients in cosmetics by requiring detailed disclosures of all components, including fragrances and flavors, on product labels and brand websites. It seeks to inform consumers about potential health risks from hazardous chemicals, building on existing federal regulations for food, drugs, and cosmetics.

Key Provisions

• Expanded Definition of Cosmetics: Includes articles intended for consumer sale or professional use (e.g., in salons or spas) under the Federal Food, Drug, and Cosmetic Act (FD&C Act).
• Website Disclosure Requirements (effective 1 year after enactment):
• Brand owners must list all ingredients, including fragrances and flavors, in descending order of predominance on their websites in an electronically readable format (machine-readable and accessible, following web accessibility standards).
• Include the functional purpose of each fragrance or flavor ingredient.
• Provide links to lists of hazardous chemicals if present, and safety data sheets for professional-use products.
• Updates to disclosures required within 7 months of changes to hazard lists.
• Labeling Requirements (effective 2 years after enactment):
• Product packaging must list all ingredients, including fragrances and flavors, in descending order.
• For products containing specified hazardous chemicals, include a statement directing consumers to the brand's website for health impact information (e.g., "For health impacts related to any ingredients in this product, visit: www.[brand URL].").
• Hazardous Chemicals List:
• Specifies 22 categories of potentially harmful chemicals (e.g., carcinogens from EPA or IARC lists, persistent bioaccumulative toxins, reproductive toxicants).
• FDA must create and maintain a "master list" of these chemicals within 6 months, post it online, and update it as needed (with semi-annual summaries and notifications to subscribers).
• Misbranding Provisions: Cosmetics are considered misbranded if they fail to disclose fragrances/flavors on labels/websites or omit required links to hazard lists.
• State Authority: Preserves states' rights to impose stricter rules on ingredient use, limits, or disclosures, and clarifies no preemption of state laws under prior acts unless explicitly stated.
• Definitions: Clarifies terms like "brand owner" (entity bringing product to market), "fragrance/flavor ingredient" (substances added for scent/taste), "ingredient" (any chemical with functional effect), and "professional use" (application in salons or spas).

Significant Changes to Existing Law

• Amends the FD&C Act by adding a new Subchapter A on adulterated and misbranded cosmetics and a Subchapter B on fragrances and flavors.
• Expands Section 602 (misbranding) to include failures in fragrance/flavor disclosure and website linking.
• Modifies Section 614 (preemption) to explicitly allow states to enforce tougher standards on cosmetics, overriding potential conflicts from the 2022 Modernization of Cosmetics Regulation Act.
• Introduces mandatory full ingredient listing (previously voluntary and often incomplete for fragrances/flavors) and ties it to a federal master list of hazards, which did not exist before.

Potential Impacts

• Government Agencies: The FDA gains responsibilities to compile, maintain, and update the master hazard list, potentially increasing administrative workload and requiring new resources for notifications and public postings. No direct impact on international relations, though it references global lists (e.g., EU REACH, WHO IARC), which could align U.S. standards with international ones.
• Citizens (Consumers): Enhances access to ingredient information, empowering informed choices about potential health risks like cancer or toxicity, especially for sensitive groups (e.g., those with allergies). May reduce exposure to hidden hazards through better awareness.
• Industry: Cosmetic manufacturers and sellers must invest in compliance (e.g., reformulating labels, updating websites), facing penalties for non-compliance, but could benefit from standardized disclosures reducing legal risks.
• Broader Effects: Promotes safer cosmetics market without banning ingredients, potentially influencing product innovation toward safer alternatives.

Main Stakeholders Affected

• Consumers: Primary beneficiaries, gaining right-to-know about hidden ingredients and hazards.
• Brand Owners and Manufacturers: Responsible parties for disclosures; includes large companies and small brands selling in interstate commerce.
• Retailers and Internet Vendors: Must make website data available, affecting e-commerce platforms.
• FDA: Oversees enforcement, list maintenance, and updates.
• States and Local Governments: Retain flexibility for stricter rules, allowing tailored protections (e.g., California's existing chemical bans).
• Professional Users: Salons, spas, and estheticians impacted by professional-use definitions and safety data requirements.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens enforcement under the FD&C Act by defining misbranding more explicitly, potentially leading to increased FDA inspections and lawsuits for non-compliance. The master list provides a neutral, science-based reference without regulating ingredient safety directly (focuses on disclosure).
• Constitutional: Respects federalism by limiting preemption, allowing states broader authority, which avoids challenges under the 10th Amendment. No apparent free speech issues, as disclosures are factual and tied to commerce regulation.
• Political: Advances consumer protection and environmental health priorities, supported by bipartisan sponsors in the House. Could spark debates on industry burden vs. public safety, especially for fragrance trade secrets (though full disclosure is required). Aligns with trends in "clean beauty" movements and global transparency standards.

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. Matsui, Doris O. [D-CA-7], 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. 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 Hazardous Ingredient Right to Know Act of 2025 — issued 2025-07-16 — PDF (15 pages)