FDA proposes new testing rules to ensure cosmetics are asbestos-free

[December 27, 2024]  By MATTHEW PERRONE

WASHINGTON (AP) — Cosmetic companies would have to take extra steps to ensure that any products containing talc are free of asbestos under a federal rule proposed Thursday.

The proposal from the Food and Drug Administration and mandated by Congress is intended to reassure consumers about the safety of makeup, baby powder and other personal care products.

It follows years of lawsuits against Johnson & Johnson and other companies alleging links between talc-based baby powder and cancer.

Despite the lawsuits, research has found mixed evidence of a potential link between cancer and talc, although the possibility has been recognized for decades because of how it is mined.

Talc is a mineral used to absorb moisture or improve the texture, feel and color of cosmetics. It is mined from underground deposits that are sometimes located near the toxic mineral asbestos. The risk of cross contamination has long been recognized by cosmetic companies.

But recent FDA-sponsored testing hasn't uncovered any safety issues. Since 2021, laboratory analysis of more than 150 cosmetic samples has come back negative for asbestos, according to the FDA.

Still, concerns about the risk prompted Congress to pass a 2023 law requiring the FDA to release new industry standards for asbestos testing.

Dr. Linda Katz, the director of the FDA's Office of Cosmetics and Colors, said in a statement that the agency has “carefully considered the scientific evidence and complex policy issues related to detecting and identifying asbestos in talc and talc-containing cosmetic products.”

A U.S. Food and Drug Administration building is seen behind FDA logos at a bus stop on the agency's campus in Silver Spring, Md., on Aug. 2, 2018. (AP Photo/Jacquelyn Martin, File)

"We believe that the proposed testing techniques are appropriate methods to detect asbestos to help ensure the safety of talc-containing cosmetic products,” Katz said.

The long-running litigation against J&J alleges that the company’s talc baby powder caused women to develop ovarian cancer, when used for feminine hygiene.

A J&J subsidiary has proposed paying roughly $8 billion to settle tens of thousands of lawsuits. As part of the deal, the subsidiary would declare bankruptcy, although that proposal has been challenged in court by the Justice Department.

J&J removed talc from its baby powder in the U.S. market in 2020 and then internationally in 2023. The company says it continues to stand by the safety of its products.

Determining the root cause of cancer is difficult, especially in cases of ovarian cancer, which is a relatively rare form of the disease. Even large studies in thousands of women might not gather enough data to show a clear connection or definitively rule one out. The American Cancer Society says that, if there is an increased risk of cancer due to talc, “it is likely to be very small.”

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