No PFAS in Cosmetics Act
- Sponsor
- Rep. Dingell, Debbie [D-MI-6]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 6, 2026
Bottom line
H.R. 9594 aims to eliminate intentionally added PFAS chemicals from cosmetics sold in the United States by January 2027, citing public health and environmental concerns.
What it actually does
This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the intentional addition of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in cosmetic products. It defines PFAS broadly and specifies that the ban applies to substances intentionally added by manufacturers or suppliers, including those with a functional effect or intentional breakdown products. The prohibition is set to take effect on January 1, 2027.
Proponents argue
Proponents argue that banning PFAS in cosmetics is a crucial step to protect public health from chemicals linked to various health issues, including cancer, reproductive problems, and immune system dysfunction. They emphasize that consumers should not be exposed to these "forever chemicals" through daily personal care products, and that safer alternatives exist. Furthermore, they contend that this ban will reduce environmental contamination from PFAS, as these chemicals persist in the environment.
Opponents contend
Opponents, if any, might argue that a blanket ban could be overly broad, potentially impacting a wide range of cosmetic products where PFAS might be present in trace amounts or as unintended byproducts, leading to significant reformulation costs for manufacturers. They might also contend that some PFAS compounds used in cosmetics are not proven to be harmful at the levels present or that the ban could stifle innovation in cosmetic formulations. Some might also argue that existing regulations are sufficient or that a more targeted approach is needed.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core provisions quickly.
Section 2(a), amending Section 601 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361) by adding paragraph (h)(1).
Prohibiting Intentionally Added PFAS in Cosmetics
This provision makes any cosmetic product "adulterated" if it contains a perfluoroalkyl or polyfluoroalkyl substance (PFAS) that was intentionally added. This means that manufacturing, distributing, or selling such a cosmetic would be illegal under federal law, effectively banning these chemicals from cosmetic formulations.
Supporters argue
Supporters argue this provision directly addresses a public health concern by removing a class of persistent and potentially toxic chemicals from products used daily by millions. They highlight that this proactive measure protects consumers from unknown long-term health effects and aligns with growing scientific understanding of PFAS risks.
Critics contend
Some industry groups might argue that a blanket ban without specific toxicity thresholds for individual PFAS compounds could be overly restrictive, forcing costly reformulations for ingredients that may not pose a significant risk at current usage levels. They might also raise concerns about the availability of suitable alternatives for certain cosmetic functions.
Tradeoffs
The provision balances public health and environmental protection against potential economic impacts on the cosmetics industry, including reformulation costs and possible temporary disruptions in product availability.
Section 2(a), adding Section 601(h)(2) to the Federal Food, Drug, and Cosmetic Act.
Defining Banned Substances
This section provides precise definitions for "perfluoroalkyl or polyfluoroalkyl substance" (PFAS) and "intentionally added perfluoroalkyl or polyfluoroalkyl substance." PFAS are defined as fluorinated organic chemicals with at least one fully fluorinated methyl or methylene carbon atom. "Intentionally added" clarifies that the ban applies to substances added by design for a functional effect, or as an intentional breakdown product, distinguishing them from trace contaminants.
Section 2(b)
Applicability Date of the Ban
This provision stipulates that the ban on intentionally added PFAS in cosmetics will take effect on January 1, 2027. This provides a specific timeline for the cosmetics industry to reformulate products, adjust supply chains, and ensure compliance with the new federal standard.
This section repeals Section 3506 of the Modernization of Cosmetics Regulation Act of 2022 (MOCRA). Section 3506 of MOCRA required the FDA to review the use of PFAS in cosmetics and issue a report on their safety and use, and then potentially issue a rule. By repealing it, H.R. 9594 bypasses the study and reporting requirement in favor of an immediate ban.
Section 2(c)
Why it matters:This is a standard legislative practice for updating statutory frameworks, but it's consequential because it shifts from a study-and-report approach to a direct ban, which might be seen as a more aggressive regulatory stance.
Case for: Proponents would argue that repealing the MOCRA provision is necessary because the scientific evidence on PFAS harm is already sufficient to warrant an immediate ban, making further study and reporting an unnecessary delay. It streamlines the regulatory process to achieve the desired public health outcome faster.
Case against: Critics might argue that repealing the MOCRA provision removes a valuable mechanism for the FDA to conduct a thorough, evidence-based assessment of PFAS in cosmetics, potentially leading to a ban that is not fully informed by the latest scientific data or specific risk profiles of different PFAS compounds. It could be seen as circumventing a more deliberative process.
Estimated impact: Shifts the regulatory approach from a phased study-and-report model to a direct, immediate ban, accelerating the removal of PFAS from the market.