Jaina Patel · April 2022
90 Geo. Wash. L. Rev. Arguendo 31
The Food, Drug, and Cosmetic Act, enacted in 1938, gives the Food and Drug Administration the power to regulate the cosmetics industry. Congress has enacted numerous laws regarding food, drug, and tobacco products but has not done the same for cosmetic products. It has become more apparent that the chemicals in cosmetics can create or contribute to health issues in product users. Ingredients such as parabens can cause hormone disruptions, while talc can contain asbestos, which was recently found in a cosmetic created for teenagers. In response to public backlash and consumer inquiries, companies have begun to market “clean” beauty products. It remains unclear to product purchasers, however, what “clean” beauty labels truly mean. While members of Congress have introduced bills to regulate the cosmetics industry, the bills have not made it past the committee stage. This Note proposes an amendment to the Food, Drug, and Cosmetic Act that focuses on familiar labeling requirements that will inform consumers of the contents of their cosmetic products. This amendment would require the FDA to implement warning labels for the general population and vulnerable groups while also defining “clean,” “natural,” and similar packaging claims. This amendment will provide consumers with the ability to make to make informed choices about their cosmetic purchases.
