FDA Poised to Withdraw Asbestos-Testing Rule for Talc Cosmetics, Alarming Health Advocates

The Food and Drug Administration is preparing to withdraw a proposed rule that would have required standardized asbestos testing for talc-containing cosmetics, a contaminant long linked to cancer. The decision was signed by Health Secretary Robert F. Kennedy Jr., who leads the Make America Healthy Again (Maha) movement.

In a notice posted to the Federal Register, the FDA said it received public comments raising concerns about potential "unintended consequences" for drug manufacturers that use talc in some products. The agency wrote that "good cause exists to withdraw the proposed rule at this time" so it can reconsider the best approach to detecting asbestos and reducing exposure.

“Nothing could make America less healthy than having a cancer-causing product in cosmetics,” said Scott Faber, vice-president for government affairs at the Environmental Working Group, which has pushed for stricter testing requirements. “It’s hard to understand why we would revoke a rule that simply requires companies to test for asbestos.”

Asbestos is a group of naturally occurring fibrous minerals historically used for heat and fire resistance. It is a known human carcinogen, linked to serious illnesses and an estimated 40,000 deaths annually worldwide. No level of asbestos exposure is considered safe, and the mineral is banned in more than 50 countries.

Public health advocates say the cosmetics industry has long known that talc can be contaminated with asbestos. Testing methods previously accepted by regulators can detect some, but not all, types of asbestos fibers, critics say. Asbestos contamination has been found repeatedly in certain talc-based products, including baby powder — a product that has been used disproportionately by Black women.

Johnson & Johnson stopped U.S. sales of talc-based baby powder in 2020 amid growing public pressure and thousands of lawsuits. The company has paid billions in settlements and has proposed a $6.5 billion settlement in ongoing litigation; roughly 38,000 suits have been filed in the U.S. over alleged harms from talc products.

Regulating asbestos and talc has been legally and politically complicated. A 1989 EPA rule restricting many uses of asbestos was overturned by a court, and subsequent efforts to tighten restrictions have faced setbacks. The EPA finalized a ban late last year, but that rule has faced political and legal challenges.

The Cosmetics Modernization Act of 2022 included provisions to require testing of talc-containing cosmetics, and agencies had begun implementing related steps. With the FDA now withdrawing the specific proposed testing requirement, advocates warn that consumers could face greater risk unless stronger safeguards and reliable testing methods are established.

In its federal register notice, the FDA said it is withdrawing the proposal 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...from harmful exposure to asbestos."

Faber responded to the FDA action by criticizing the decision-maker: “It’s tragic that a person who has spent much of his career highlighting cancer risks is now presiding over a rollback of a measure meant to protect people from asbestos.”