US Codex
Bill
Notes

No PFAS in Cosmetics Act

H.R. 6519 · 118th Congress · Nov 30, 2023 · Lineage

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to ban the use of intentionally added perfluoroalkyl or polyfluoroalkyl substances in cosmetics, and for other purposes.

Section 1 Short title

This Act may be cited as the “No PFAS in Cosmetics Act”.

Sec. 2 Ban on perfluoroalkyl or polyfluoroalkyl substances

(a)
Adulteration— Section 601 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361) is amended by adding after paragraph (g) (as added by section 3503(a)(2) of division FF of Public Law 117–328) the following:

“(h)

“(1) If it contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance.

“(2) In this paragraph:

“(A) The term perfluoroalkyl or polyfluoroalkyl substance means a substance in a class of fluorinated organic chemicals—

“(i) that is man-made; and

“(ii) has at least 1 fully fluorinated carbon atom.

“(B) The term intentionally added perfluoroalkyl or polyfluoroalkyl substance means a perfluoroalkyl or polyfluoroalkyl substance that—

“(i) has been intentionally added by a manufacturer or supplier to an ingredient, raw material, product, or packaging and has a functional or technical effect on the product or packaging; or

“(ii) is an intentional breakdown product of an added chemical.”

(b)
Applicability— Section 601(h) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply beginning on January 1, 2025.
(c)
Conforming amendment— Section 3506 of the Modernization of Cosmetics Regulation Act of 2022 (subtitle E of title III of division FF of Public Law 117–328) is hereby repealed.