Natural Cosmetics Act

Natural Cosmetics Act

This bill requires the Food and Drug Administration (FDA) to issue a final rule defining the terms natural and naturally derived ingredient with respect to cosmetics (including personal care products). It also prohibits the sale of a cosmetic that includes these terms on its packaging or labeling unless the cosmetic meets the definitions established under this bill.

The FDA must issue the final rule within two years of this bill's enactment.

When developing the definitions, the FDA must (1) consider how each ingredient in a cosmetic is processed; (2) consider any impurities that would adversely impact human health; and (3) base the definitions on relevant scientific data, including data on consumers' understanding of such terms when applied to cosmetics.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5872 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5872

     To amend the Federal Food, Drug, and Cosmetic Act to treat as 
    misbranded cosmetics with packaging or labeling using the term 
``natural'' unless the cosmetic meets certain standards, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2021

 Mr. Sean Patrick Maloney of New York (for himself, Mr. Phillips, and 
  Ms. Meng) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Food, Drug, and Cosmetic Act to treat as 
    misbranded cosmetics with packaging or labeling using the term 
``natural'' unless the cosmetic meets certain standards, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Natural Cosmetics Act''.

SEC. 2. COSMETICS WITH CERTAIN TERMS MISBRANDED.

    (a) In General.--Section 602 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the 
following:
    ``(g) If its packaging or labeling bears the term `natural' or 
`naturally derived ingredient' unless it meets the definitions 
specified in regulations issued by the Secretary pursuant to section 
2(b) of the Natural Cosmetics Act.''.
    (b) Rule.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services, acting through the Commissioner of Food and Drugs, 
        shall issue a final rule relating to use of the terms 
        ``natural'' and ``naturally derived ingredient'', with respect 
        to cosmetics (including personal care products).
            (2) Contents.--
                    (A) Definition.--In developing the definitions of 
                the terms ``natural'' and ``naturally derived 
                ingredient'', with respect to cosmetics pursuant to 
                paragraph (1), the Secretary of Health and Human 
                Services, acting through the Commissioner of Food and 
                Drugs, shall--
                            (i) consider how each ingredient in a 
                        cosmetic is processed;
                            (ii) consider the presence of any impurity 
                        that would have an adverse impact on human 
                        health; and
                            (iii) base such definitions on relevant 
                        scientific data, including data on consumers' 
                        understanding of the terms as used in 
                        connection with cosmetics.
                    (B) Use of terms.--The rule issued under paragraph 
                (1) shall include provisions to specifically address 
                the use of terms ``natural'' and ``naturally derived 
                ingredient''on the labeling and in marketing of the 
                cosmetic.
            (3) Process.--Before issuing the final rule under paragraph 
        (1), Secretary of Health and Human Services, acting through the 
        Commissioner of Food and Drugs, shall--
                    (A) conduct consumer surveys and studies with 
                respect to consumer understanding of the terms 
                ``natural'' and ``naturally derived ingredient'' on the 
                labeling and in marketing of cosmetics;
                    (B) issue a timely call for public submissions 
                regarding relevant consumer research on that 
                understanding; and
                    (C) hold public meetings, including with industry 
                stakeholders, consumer advocacy stakeholders, and 
                scientific experts, to fully consider the results of 
                such surveys and studies, as well as such public 
                submissions.
    (c) Applicability.--Section 602(g) of the Federal Food, Drug, and 
Cosmetic Act, as added by subsection (a), applies beginning on the 
effective date of the rule issued under subsection (b).
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