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FDA Plans to Withdraw Proposed Rule on Testing Talc-Based Cosmetics for Asbestos

Withdrawal of the proposed rule is scheduled to be published in the Federal Register later this week.

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By: Christine Esposito

Editor-in-Chief

The US Food and Drug Administration (FDA) plans to withdraw a proposed rule to establish approved testing methods for detecting and identifying asbestos in talc-containing cosmetics.

The plans were noted in a public inspection document that was posted online this morning. The announcement is scheduled to be published in Federal Register on Nov. 28, 2025.

As prebviously reported, FDA issued the proposed rule, “Testing Methods for Detecting and Identifying Asbestos in Talc-Containing Cosmetic Products,” on December 26, 2024 as part of its work to fulfill the requirements of MoCRA.

The proposed rule, if passed, would have required manufacturers of talc-containing cosmetic products to test their talc-containing cosmetic products or the talc cosmetic ingredient prior to using the talc to manufacture a talc-containing cosmetic for asbestos, and to keep records to demonstrate compliance.

The public inspection document notes the following from Robert F. Kennedy, Jr., secretary of the Department of Health and Human Services:

“Good cause exists to withdraw the proposed rule at this time. On the basis of the Make America Healthy Again (MAHA) priorities to ensure safe additives in the American food and drug supply, the highly scientific and technical issues addressed in public comments the Agency has received, and the complexity of asbestos testing and legal considerations under the Administrative Procedure Act, we are withdrawing the proposed rule to reconsider best means of addressing the issues covered by the proposed rule and broader principles to reduce exposure to asbestos, and to ensure that any standardized testing method requirements for detecting asbestos in talc-containing cosmetic products help protect users of talc-containing cosmetic products from harmful 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.”

EWG SVP for Government Affairs Scott Faber issued the following statement about the FDA’s intention:

“The FDA’s decision to withdraw its proposed rule requiring standardized testing for asbestos in talc-based cosmetics is deeply dangerous and irresponsible. Needlessly exposing people to asbestos in personal care products will not make Americans healthy again. Unfortunately, thousands of products that contain talc can be contaminated with asbestos, one of the world’s deadliest substances. Testing for asbestos’ presence is the only way to ensure that products made with talc are safe.

Faber called the action “illegal,” stating that “Congress clearly required the FDA to require testing for talc in cosmetics.”

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