FDA Withdraws Proposed Rule on Asbestos Testing Methods in Talc-Containing Cosmetic Products
On November 28, 2025, the U.S. Food and Drug Administration (FDA) announced the withdrawal of its proposed rule entitled “Testing Methods for Detecting and Identifying Asbestos in Talc-Containing Cosmetic Products—a notable development under the Modernization of Cosmetics Regulation Act (MoCRA).
The withdrawal, signed by Secretary of Health and Human Services Robert F. Kennedy Jr., followed nearly a year of public comment and industry feedback since the proposed rule’s initial publication in the Federal Register on December 27, 2024.
The FDA announced that it was taking this action in response to comments the agency received during the comment period for the proposed rule that warrant further consideration and assessment prior to issuing final regulations to establish and require standardized testing methods for detecting and identifying asbestos in talc-containing cosmetic products pursuant to MoCRA. Among the 49 comments received, industry stakeholders had voiced concerns that the proposed dual-microscopy approach—using both polarized light microscopy (PLM) and transmission electron microscopy (TEM)—could result in costly false positives and unintended regulatory consequences, particularly for products classified as both cosmetics and drugs.
Based on (1) the highly scientific and technical issues addressed in the public comments; (2) Make America Healthy Again (MAHA) priorities to ensure safe additives in the American food and drug supply; and the complexity of asbestos testing and legal considerations under the Administrative Procedure Act, the FDA found good cause to reconsider best means of addressing the issues covered by the proposed rule and broader principles to reduce exposure to asbestos. The agency also aims to ensure that any standardized testing method requirements for detecting asbestos in talc-containing cosmetic products consider the safety of product users. While the agency is withdrawing the proposed rule, the FDA will issue a proposed rule to meet its statutory obligations under section 3505 of MoCRA.
The withdrawal leaves the cosmetics industry without a current federal standard for asbestos testing in talc-containing products, even as other jurisdictions, such as the European Union, move toward a complete ban on talc by 2027. The FDA’s decision underscores the ongoing complexity of regulating cosmetic safety and the evolving landscape of global regulatory approaches.
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