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FDA Withdraws Biden-Era Rule Requiring Asbestos Testing for Talc Cosmetics — Agency to Redraft Proposal

The FDA has withdrawn a Biden-era proposal that would have required asbestos testing for talc-containing cosmetics, citing technical, legal and procedural concerns. The agency said it will issue a new proposed rule to comply with a 2022 law mandating testing. Regulators warned the original proposal could affect other talc-containing products, including some drug formulations, and environmental groups criticized the rollback.

The Food and Drug Administration announced it is withdrawing a Biden-era proposed rule that would have required manufacturers to test talc-containing cosmetic products for asbestos contamination. The agency said it will develop a separate proposed rule to meet a 2022 law that directs testing for asbestos in talc-based cosmetics.

"Good cause exists to withdraw the proposed rule at this time," the notice says.

Why the FDA pulled the proposal

In a notice published in the Federal Register, the FDA cited several reasons for pulling the earlier proposal: the administration's "Make America Healthy Again (MAHA)" priorities, technical and scientific concerns raised in public comments, the complexity of asbestos testing, and legal issues under the Administrative Procedure Act. Officials said they want to reassess the best approach for reducing asbestos exposure and to ensure any mandatory, standardized testing method is scientifically sound and legally defensible.

Scope and potential impacts

The agency warned that the original proposal could have effects beyond cosmetics. For example, the proposed rule — if finalized — could also apply to products that are both cosmetics and drugs, and public commenters suggested it might create unintended consequences for a range of talc-containing consumer goods.

The FDA reiterated that talc and asbestos are minerals that can occur close together in the earth, creating a risk that talc ingredients may be contaminated with asbestos. Health experts note that inhaled asbestos is a known cause of cancer in humans.

Reactions

Environmental and consumer advocates criticized the withdrawal. Scott Faber, senior vice president for government affairs at the Environmental Working Group, called the decision a rollback of protections intended to shield Americans from asbestos exposure.

The agency's announcement leaves open how it will satisfy the 2022 statutory mandate and which testing standards, if any, it will ultimately require. The FDA said it plans to publish a new proposed rule after further consideration of the technical, legal and public-health issues involved.

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