I 
119TH CONGRESS 
1ST SESSION H. R. 4434 
To amend title VI of the Federal Food, Drug, and Cosmetic Act to ensure 
the supply chain transparency needed for companies to make safe cos-
metics, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2025 
Ms. SCHAKOWSKY (for herself, Mrs. DINGELL, Mr. EVANS of Pennsylvania, 
Mr. KHANNA, Ms. NORTON, Mr. THANEDAR, Ms. TLAIB, and Mrs. WAT-
SON COLEMAN) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend title VI of the Federal Food, Drug, and Cosmetic 
Act to ensure the supply chain transparency needed for 
companies to make safe cosmetics, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cosmetic Supply Chain 
Transparency Act of 2025’’. 
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SEC. 2. COSMETIC REGULATION. 
Chapter VI of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 361 et seq.) is amended— 
(1) by inserting before section 601 the fol-
lowing: 
‘‘Subchapter A—Adulterated and Misbranded 
Cosmetics’’; 
(2) in section 614, by amending subsection (b) 
to read as follows: 
‘‘(b) LIMITATIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), nothing in this section shall be construed to pre-
vent any State (or a political subdivision thereof) 
from— 
‘‘(A) prohibiting the use or limiting the 
amount of an ingredient in a cosmetic product; 
‘‘(B) continuing to implement a require-
ment of such State (or a political subdivision 
thereof) that is in effect at the time of enact-
ment of the Modernization of Cosmetics Regu-
lation Act of 2022 for the reporting to the 
State (or a political subdivision thereof) of an 
ingredient in a cosmetic product; and 
‘‘(C) implementing a requirement of such 
State (or a political subdivision thereof), or con-
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tinuing to implement a requirement that is in 
effect at the time of enactment of the Cosmetic 
Supply Chain Transparency Act of 2025, that 
provides greater transparency, disclosure, or 
protection than the amendments made by such 
Act, with respect to— 
‘‘(i) cosmetic ingredients; 
‘‘(ii) the practices used in the manu-
facture of cosmetics (and the ingredients 
thereof); or 
‘‘(iii) the disclosure of information 
with respect to such ingredients or such 
practices. 
‘‘(2) MODERNIZATION OF COSMETICS REGULA-
TION ACT OF 2022.—Nothing in the amendments to 
this Act made by the Modernization of Cosmetics 
Regulation Act of 2022 shall be construed to pre-
empt any State statute, public initiative, ref-
erendum, regulation, or other State action, except as 
expressly provided in subsection (a).’’; and 
(3) by adding at the end the following: 
‘‘Subchapter B—Supply Chain Transparency 
‘‘SEC. 621. DEFINITIONS. 
‘‘In this subchapter: 
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‘‘(1) BRAND OWNER.—The term ‘brand owner’ 
means the entity responsible for bringing a cosmetic 
to market. 
‘‘(2) FLAVOR OR FRAGRANCE COMPANY.—The 
term ‘flavor or fragrance company’ means an entity 
that makes or supplies fragrance or flavor ingredi-
ents or fragrance or flavor formulations. 
‘‘(3) FORMULATING
LABORATORY.—The term 
‘formulating laboratory’ means an entity that sup-
plies a finished cosmetic product to a retailer or cos-
metic company to sell under the retailer or cosmetic 
company’s brand name. 
‘‘(4) HARMFUL TO HUMAN HEALTH OR THE 
ENVIRONMENT.—The phrase ‘harmful to human 
health or the environment’ means, with respect to a 
nonfunctional constituent— 
‘‘(A) being— 
‘‘(i) a reproductive or developmental 
toxicant; 
‘‘(ii) persistent, bioaccumulative, and 
toxic; 
‘‘(iii) an allergen; or 
‘‘(iv) an endocrine disruptor, car-
cinogen, or mutagen; and 
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‘‘(B) present on the most recent version in 
effect of any of the following lists: 
‘‘(i) Chapter 6.6 of the California 
Safe Drinking Water and Toxic Enforce-
ment Act of 1986 (sections 25249.5 
through 25249.14 of the California Health 
and Safety Code), List of Reproductive 
and Developmental Toxicants and Carcino-
gens. 
‘‘(ii) Chemicals classified as ‘Per-
sistent, Bioaccumulative and Toxic’ by the 
Toxics Release Inventory published by the 
Environmental Protection Agency pursuant 
to section 313 of the Emergency Planning 
and Community Right-to-Know Act of 
1986. 
‘‘(iii) European Union Regulation 
1223/2009/EC on Cosmetic Products, as 
amended by Regulation (EU) 2020/1683, 
Annex II–Prohibited Substances. 
‘‘(iv) Annex III of European Union 
Cosmetics Regulation No. 1223/2009, as 
required to be disclosed pursuant to Euro-
pean Union Detergents Regulation No. 
21648/2004. 
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‘‘(v) Chemicals included in the Euro-
pean Union Candidate List of Substances 
of Very High Concern in accordance with 
Article 59 of the REACH Regulation (EC) 
No. 1907/2006 on the basis of fulfilling 
the criteria defined in Article 57(f) for en-
docrine-disrupting properties. 
‘‘(vi) Substances classified as carcino-
gens, mutagens, or reproductive toxicants 
in Appendices 1–6 of Annex XVII to Regu-
lation (EC) No. 1907/2006 of the Euro-
pean Union’s Registration, Evaluation, 
Authorisation, and Restriction of Chemi-
cals (REACH) law, as revised by the Com-
mission Regulation (EU) 2020/2096 of 
December 15, 2020. 
‘‘(vii) Group 1, 2A, or 2B carcinogens 
identified by the International Agency for 
Research on Cancer of the World Health 
Organization. 
‘‘(viii) Any other list the Secretary de-
termines appropriate for purposes of this 
subchapter. 
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‘‘(5) 
INGREDIENT.—The 
term 
‘ingredient’ 
means an intentionally added chemical in a cosmetic 
that has a technical or functional effect, including— 
‘‘(A) the breakdown products of an inten-
tionally added chemical that also have a func-
tional or technical effect in the cosmetic; 
‘‘(B) a fragrance, flavor, preservative, or 
colorant (and the components thereof); and 
‘‘(C) any individual component that the 
Secretary deems to be an ingredient for pur-
poses of this subchapter. 
‘‘(6) INCIDENTAL COMPONENT.—The term ‘in-
cidental component’ means— 
‘‘(A) a chemical added during the manu-
facturing process at any point in a cosmetic’s, 
or an ingredient’s, supply chain, but which has 
no functional or technical effect in the finished 
cosmetic; or 
‘‘(B) a chemical present in the environ-
ment which was introduced into a cosmetic, or 
into an ingredient, at any point in the supply 
chain for the cosmetic or ingredient. 
‘‘(7) MANUFACTURER.—The term ‘manufac-
turer’ means any entity that— 
‘‘(A) produces an ingredient; or 
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‘‘(B) combines one or more ingredients to 
produce a cosmetic. 
‘‘(8) 
NONFUNCTIONAL
CONSTITUENT.—The 
term ‘nonfunctional constituent’ means a chemical 
that has no functional or technical effect on the 
product or ingredient and is present— 
‘‘(A) as an incidental component of an in-
tentionally added ingredient; 
‘‘(B) as a breakdown product of an inten-
tionally added ingredient; 
‘‘(C) as a byproduct of the manufacturing 
process; 
‘‘(D) due to storage of primary substances; 
or 
‘‘(E) due to instability of the packaging. 
‘‘(9) RAW MATERIAL.—The term ‘raw material’ 
means a substance or mixture of substances that— 
‘‘(A) is used in the manufacture of a cos-
metic for commercial distribution; and 
‘‘(B) is supplied to a cosmetic manufac-
turer, packer, or distributor by a cosmetic raw 
material manufacturer or supplier. 
‘‘(10) SUPPLIER.—The term ‘supplier’— 
‘‘(A) means an entity that supplies a cos-
metic, cosmetic packaging, or an ingredient or 
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raw material of a cosmetic or cosmetic pack-
aging; and 
‘‘(B) includes any such entity that is a 
manufacturer, a formulating laboratory, or a 
fragrance or flavor company. 
‘‘SEC. 622. COSMETIC AND INGREDIENT SAFETY INFORMA-
TION. 
‘‘At the request of a brand owner of a cosmetic, a 
supplier of the cosmetic or any ingredient therein shall, 
not later than 90 days after receipt of such request, pro-
vide to the brand owner, with respect to the cosmetic or 
ingredient, any of the following information: 
‘‘(1)(A) Functions and uses. 
‘‘(B) The human health and environmental haz-
ards. 
‘‘(C) The physical and chemical properties. 
‘‘(D) The Chemical Abstracts Services Registry 
number of any such ingredient. 
‘‘(E) Environmental exposure and fate informa-
tion. 
‘‘(F) Heavy metal testing results. 
‘‘(G) Safety data sheets. 
‘‘(H) Manufacturing flow charts. 
‘‘(I) Composition statement. 
‘‘(J) Fragrance allergen statement. 
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‘‘(K) 
International 
Fragrance 
Association 
(IFRA) standards conformity certificate. 
‘‘(L) Any other information used to substan-
tiate the safety of such ingredient. 
‘‘(2) A full and complete listing of ingredients 
in fragrance or flavor formulations, preservative sys-
tems, or other ingredient formulations, including the 
presence of any allergens. 
‘‘(3) A full and complete listing of ingredients 
in a finished cosmetic presented in descending order 
of predominance by weight, except that ingredients 
present in amounts of 1 percent or less by weight 
can be placed in any order at the end of the ingre-
dient statement. 
‘‘(4) A certificate of analysis for the ingredient. 
‘‘SEC. 623. PROCESS FOR ESTABLISHING AN FDA LIST OF 
NONFUNCTIONAL CONSTITUENTS KNOWN OR 
REASONABLY EXPECTED TO BE PRESENT IN 
COSMETICS AND INGREDIENTS. 
‘‘(a) IN GENERAL.—The Secretary shall create and 
maintain a list of nonfunctional constituents to guide test-
ing under this subchapter conducted by suppliers of cos-
metics and ingredients. 
‘‘(b) CONTENTS.—The list under subsection (a) shall 
consist of nonfunctional constituents that are— 
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‘‘(1) known or reasonably expected to be 
present in cosmetics or ingredients; and 
‘‘(2) subject to subsection (e)(2), harmful to 
human health or the environment. 
‘‘(c) IDENTIFICATION OF INGREDIENTS AND COS-
METICS.—For each nonfunctional constituent on the list 
under subsection (a), the Secretary shall identify the spe-
cific ingredient or cosmetic, or category of ingredients or 
cosmetics, in which the nonfunctional constituent is known 
or reasonably expected to be present. 
‘‘(d) INITIAL LIST.— 
‘‘(1) IN GENERAL.—In creating the initial list 
under subsection (a), the Secretary shall— 
‘‘(A) publish a proposed list and provide 
an opportunity for public comment on such pro-
posed list for a period of 60 days; and 
‘‘(B) not later than 18 months after the 
date of enactment of the Cosmetic Supply 
Chain Transparency Act of 2025, finalize and 
publish the list. 
‘‘(2) ADVISORY COMMITTEE.— 
‘‘(A) IN
GENERAL.—Not later than 9 
months after the date of enactment of the Cos-
metic Supply Chain Transparency Act of 2025, 
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the Secretary shall convene an advisory com-
mittee to advise the Secretary on— 
‘‘(i) creating the initial list under sub-
section (a); and 
‘‘(ii) best practices related to analyt-
ical testing for nonfunctional constituents 
in cosmetics and ingredients. 
‘‘(B) MEMBERSHIP.—The membership of 
the advisory committee convened under sub-
paragraph (A) shall consist of an equal number 
of— 
‘‘(i) representatives from industry; 
‘‘(ii) representatives from the non-
profit community; 
‘‘(iii) representatives from the sci-
entific community; and 
‘‘(iv) representatives from the medical 
and public health community. 
‘‘(C) TERMINATION.—The Secretary shall 
terminate the advisory committee convened 
under this paragraph upon the finalization of 
the initial list pursuant to paragraph (1). 
‘‘(e) UPDATES.—Not less than annually after the fi-
nalization pursuant to subsection (d) of the initial list 
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