Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2021

Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2021

This bill imposes disclosure and labeling requirements on cosmetics products that contain certain ingredients. A cosmetics product that fails to meet such requirements may not be sold.

Within two years of this bill's enactment, a cosmetics product's labeling or packaging must indicate the use of any ingredient that (1) is identified on specified lists of harmful or potentially harmful chemicals, such as chemicals identified as carcinogenic to humans by the Environmental Protection Agency or toxic air contaminants under California regulations; or (2) must be disclosed under certain European Union laws and is present in a product above specified concentrations. The Food and Drug Administration must publish and periodically update on its website a list of the ingredients subject to this requirement.

Within one year of this bill's enactment, a brand owner (i.e., the entity bringing a cosmetics product to market) must disclose certain information on its website if a cosmetics product contains any fragrance or flavor ingredient that is (1) present in the product above a certain concentration, or (2) subject to this bill's labeling or packaging requirement. The website must disclose the use of the ingredient in question and other information, such as the ingredient's functional purpose.

The use of an ingredient subject to this bill's requirements shall not be treated as a confidential trade secret, but the concentration of such an ingredient shall be treated as confidential commercial information.

Bill 117 HR 5538, also known as the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2021, aims to increase transparency in the cosmetic industry by requiring manufacturers to disclose the ingredients used in fragrances and flavors in their products. The bill was introduced in the House of Representatives on March 16, 2021, by Representative Jan Schakowsky.

Under this legislation, cosmetic companies would be required to provide a list of all fragrance and flavor ingredients used in their products on both the product label and their website. This information would include any chemicals that are considered to be potential allergens or harmful to human health.

The bill also calls for the establishment of a public database where consumers can access information about the safety and potential health risks associated with specific fragrance and flavor ingredients. This database would be maintained by the Food and Drug Administration (FDA) and would be regularly updated to reflect the latest scientific research on cosmetic ingredients. Overall, the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2021 seeks to empower consumers to make informed choices about the products they use on their bodies by providing them with access to comprehensive information about the ingredients in cosmetics. The bill is currently pending review in the House Energy and Commerce Committee.