The Food and Drug Administration has moved to eliminate a proposed regulation that would have mandated asbestos testing in talc-based cosmetics, reversing course on protections aimed at preventing exposure to the cancer-causing substance.
Health Secretary Robert F. Kennedy Jr. signed the order withdrawing the rule, a decision that has surprised public health advocates given his stated commitment to removing toxins from consumer products. Kennedy has positioned himself as a leader in initiatives to eliminate harmful substances from food, medicine, and personal care items.
Talc appears in numerous consumer products including cosmetics, food additives, medications, and personal care items. The mineral’s widespread use has raised concerns about potential asbestos contamination, as the two substances often occur together in natural deposits.
The FDA posted a legal notice to the federal registry explaining the decision, citing potential “unintended consequences” for pharmaceutical companies based on comments received during the public review process. This language suggests drug manufacturers objected to testing requirements.
“Good cause exists to withdraw the proposed rule at this time,” the notice states, without providing detailed justification for abandoning the consumer protection measure.
Scott Faber, vice president of government affairs with the Environmental Working Group, a nonprofit that has advocated for stricter talc regulations, expressed dismay at the reversal. “Nothing could make America less healthy than having a cancer causing product in cosmetics,” Faber said. “It’s hard to understand why we would revoke a rule that simply requires companies to test for asbestos.”
Asbestos comprises six naturally occurring fibrous minerals valued for their heat, fire, and electrical resistance properties. No exposure level is considered safe, and more than 50 countries have banned the substance. Medical researchers link asbestos to approximately 40,000 deaths annually in the United States, primarily from lung diseases and cancers.
The cosmetics industry has known since the 1950s that talc deposits can contain asbestos contamination, according to Faber. Despite this knowledge, the industry convinced regulators to permit testing methods that detect some but not all types of asbestos fibers, leaving potential gaps in safety protocols.
Testing has regularly identified asbestos contamination in talc-based cosmetics, including baby powder products that were disproportionately marketed to and used by Black women. Johnson & Johnson, a major personal care products manufacturer, discontinued U.S. sales of talc-based baby powder in 2020 amid mounting public pressure and nearly 38,000 lawsuits.
The company has paid billions of dollars in settlements related to talc contamination claims and proposed an additional $6.5 billion settlement for a class action lawsuit alleging it knowingly sold contaminated products to consumers. Approximately 3,000 women in the United Kingdom filed a case in that nation’s high court last month making similar allegations against the company.
Despite asbestos’s recognized toxicity and widespread presence in consumer products, regulatory efforts have faced repeated obstacles. The Environmental Protection Agency initially banned asbestos use in most products in 1989, but a court quickly overturned that prohibition. Subsequent attempts to enact similar bans have failed over the past three decades.
The previous administration finalized an EPA ban on asbestos late last year, but the current administration initially moved to withdraw it before reversing that decision in July. This policy uncertainty reflects the contentious nature of asbestos regulation.
The Cosmetics Modernization Act of 2022 included provisions requiring testing of talc-based cosmetics for asbestos contamination. The previous administration began implementing these requirements, but the current FDA leadership is now positioned to eliminate them.
In its federal registry notice, the FDA suggested it wants to reconsider how best to address asbestos exposure risks. “We are withdrawing the proposed rule 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 of talc-containing cosmetic products from harmful exposure to asbestos,” the agency stated.
The agency did not release a press announcement about the decision and did not immediately respond to requests for comment on the policy reversal.
Faber noted the contradiction between Kennedy’s public health rhetoric and this regulatory action. “It’s tragic that a person who has used most of his career to protect people from cancer doing this,” he said.
The withdrawal leaves consumers without federal requirements ensuring talc-based cosmetics are tested for asbestos contamination before reaching store shelves. Voluntary industry testing continues, though critics argue mandatory standards provide more comprehensive protection.
