As the beauty industry stepped into 2023, it also entered a new era of regulatory scrutiny. On the eve of the new year, President Biden’s signature on a massive omnibus spending bill ushered in a significant shift in how the cosmetics sector will be governed. Nestled deep within the 4,155-page document was the Modernization of Cosmetics Regulation Act of 2022, a provision set to reshape the landscape of beauty product manufacturing and consumer safety.
This legislative milestone grants the Food and Drug Administration (FDA) enhanced authority over the beauty industry, marking what many consider a long-overdue update to cosmetic regulations. Lindsay Dahl, chief Impact Officer at Vitamin Brand Ritual, hailed the act as a “meaningful step forward” with “real substantial policies” that promise to alter both production methods and the public’s exposure to certain chemicals. While celebrating this progress, Dahl also emphasized the need for continued efforts to ensure comprehensive safety measures for cosmetics consumers.
The new law introduces several fundamental changes. Perhaps most notably, it empowers the FDA to issue mandatory recalls for unsafe products, a tool previously unavailable to the agency in the cosmetics sphere. Additionally, the FDA will be tasked with establishing rules for companies regarding the disclosure of fragrance allergens, addressing a long-standing concern in the industry.
Other provisions include mandatory registration for domestic and foreign beauty product manufacturers within a year of the law’s enactment. This measure aims to facilitate the FDA’s ability to manage recalls and investigate potential issues. The agency is also charged with developing good manufacturing practices for cosmetics, mirroring standards already in place for over-the-counter drugs like sunscreens.
The legislation directs the FDA to delve into the safety of PFAS chemicals, often called “forever chemicals,” due to their persistence in the body and environment. These substances, prized for repelling water, oil, and heat, have come under increasing scrutiny in recent years.
Another focus area is the standardization of asbestos testing in talc, a response to ongoing controversies surrounding talc-based products and their potential health risks. The law also mandates a study on chemical hair straighteners, following research suggesting a link to uterine cancer, with particular concern for Black women who are disproportionately affected.
While the new regulations represent a significant step forward, some experts note that many responsible US manufacturers were already adhering to similar standards. Kelly Dobos, a cosmetic chemist and former president of the Society of Cosmetic Chemists, suggests that the law’s most substantial impact may be on smaller, independent brands, particularly those working with overseas manufacturers.
For “clean” beauty brands, the new regulations may not require significant changes, as many already comply with stringent standards set by retailers or self-imposed guidelines. Credo, a clean beauty retailer, maintains standards that surpass the new law’s requirements. However, the legislation is a positive move that codifies and strengthens existing best practices.
It’s worth noting that the law does not directly ban or restrict specific ingredients or mandate supply chain transparency. Critics point out that it also lacks provisions specifically addressing the concerns of BIPOC consumers or the products they frequently use.
Despite these limitations, industry insiders view the act as a signal toward a cleaner future for cosmetics. Raising the regulatory bar encourages the entire sector to move in a more responsible direction. While not explicitly driving innovation, the new law is expected to elevate standards across the board, potentially inspiring further product safety and quality advancements.
Consumers can anticipate greater oversight and potentially safer products as the beauty industry adapts to these new regulations. However, the true impact of this legislative shift will only become clear as implementation unfolds in the coming years.