New provisions from the Personal Care Products Safety Act were signed into law as part of the fiscal year 2023 government funding bill. The bipartisan legislation intends to protect consumer health and strengthen the Food and Drug Administration’s authority to ensure the safety of personal care products and their ingredients.
The new provisions from the Personal Care Products Safety Act included in the omnibus bill include:
- FDA mandatory recall authority: FDA will now have the authority to recall products likely to cause serious harm when a company refuses to voluntarily cease distribution and recall the product.
- Good manufacturing practices: FDA will issue regulations to outline good manufacturing practices for personal care products.
- New requirements for cosmetic companies: Companies are required to register with FDA, disclose the ingredients they use, and attest that they have safety records for their products.
- Adverse health reporting: Companies are required to report serious adverse health events associated with the use of their products.
- Small business flexibility: FDA will provide technical assistance and additional flexibility for smaller companies to comply with the law.
- PFAS in Cosmetics: The FDA is required to assess the use of PFAS in cosmetics products, including any risks associated with such use, and publish the results of this assessment no later than the start of 2026. This provision is based on legislation introduced by Senator Collins, the No PFAS in Cosmetics Act.