---
kind: "section"
citation: "21 U.S.C. § 379s"
title: "21"
title_heading: "Food and Drugs"
number: "379s"
heading: "Preemption for labeling or packaging of cosmetics"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/379s"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter VII — General Authority"
  - "Part F — National Uniformity for Nonprescription Drugs and Preemption for Labeling or Packaging of Cosmetics"
---

# §379s. Preemption for labeling or packaging of cosmetics

- (a) **In general—** Except as provided in subsection [(b)](#b), [(d)](#d), or [(e)](#e), no [State](/usc/21/321.md?p=a-1) or political subdivision of a [State](/usc/21/321.md?p=a-1) may establish or continue in effect any requirement for [labeling](/usc/21/321.md?p=m) or [packaging](/usc/21/364.md?p=3-C) of a [cosmetic](/usc/21/321.md?p=i) that is different from or in addition to, or that is otherwise not identical with, a requirement specifically applicable to a particular [cosmetic](/usc/21/321.md?p=i) or class of [cosmetics](/usc/21/321.md?p=i) under this chapter, the Poison Prevention Packaging Act of 1970 ([15 U.S.C. 1471](/usc/15/1471.md) et seq.), or the Fair [Packaging](/usc/21/364.md?p=3-C) and Labeling Act ([15 U.S.C. 1451](/usc/15/1451.md) et seq.).
- (b) **Exemption—** Upon application of a [State](/usc/21/321.md?p=a-1) or political subdivision thereof, the [Secretary](/usc/21/321.md?p=d) may by regulation, after notice and opportunity for written and oral presentation of views, exempt from [subsection (a)](#a), under such conditions as may be prescribed in such regulation, a [State](/usc/21/321.md?p=a-1) or political subdivision requirement for [labeling](/usc/21/321.md?p=m) or [packaging](/usc/21/364.md?p=3-C) that—
  - (1) protects an important public interest that would otherwise be unprotected;
  - (2) would not cause a [cosmetic](/usc/21/321.md?p=i) to be in violation of any applicable requirement or prohibition under Federal law; and
  - (3) would not unduly burden [interstate commerce](/usc/21/321.md?p=b).
- (c) **Scope—** For purposes of [subsection (a)](#a), a reference to a [State](/usc/21/321.md?p=a-1) requirement that relates to the [packaging](/usc/21/364.md?p=3-C) or [labeling](/usc/21/321.md?p=m) of a [cosmetic](/usc/21/321.md?p=i) means any specific requirement relating to the same aspect of such [cosmetic](/usc/21/321.md?p=i) as a requirement specifically applicable to that particular [cosmetic](/usc/21/321.md?p=i) or class of [cosmetics](/usc/21/321.md?p=i) under this chapter for [packaging](/usc/21/364.md?p=3-C) or [labeling](/usc/21/321.md?p=m), including any [State](/usc/21/321.md?p=a-1) requirement relating to public information or any other form of public communication.
- (d) **No effect on product liability law—** Nothing in this section shall be construed to modify or otherwise affect any action or the liability of any [person](/usc/21/321.md?p=e) under the [product](/usc/21/360eee.md?p=13) liability law of any [State](/usc/21/321.md?p=a-1).
- (e) **State initiative—** This section shall not apply to a [State](/usc/21/321.md?p=a-1) requirement adopted by a [State](/usc/21/321.md?p=a-1) public initiative or referendum enacted prior to September 1, 1997.

## Source credit

(June 25, 1938, ch. 675, § 752, as added Pub. L. 105–115, title IV, § 412(d), Nov. 21, 1997, 111 Stat. 2376.)

## Notes

### Editorial Notes

### References in Text

The Poison Prevention Packaging Act of 1970, referred to in subsec. (a), is Pub. L. 91–601, Dec. 30, 1970, 84 Stat. 1670, which is classified principally to chapter 39A (§ 1471 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1471 of Title 15 and Tables.

The Fair Packaging and Labeling Act, referred to in subsec. (a), is Pub. L. 89–755, Nov. 3, 1966, 80 Stat. 1296, which is classified generally to chapter 39 (§ 1451 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 15 and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Pub. L. 105–115, set out as an Effective Date of 1997 Amendment note under section 321 of this title.