In a controversial move that has alarmed public health advocates, the US Food and Drug Administration (FDA) is preparing to withdraw a proposed rule that would have mandated testing for toxic asbestos in talc-based cosmetics.
A Surprising Reversal
The order to kill the proposed regulation was signed by Health Secretary Robert F Kennedy Jr, a prominent figure in the "Make America Healthy Again" (Maha) movement. This is particularly surprising given the movement's stated goal to help eliminate toxins like asbestos from consumer products.
Scott Faber, Vice-President of government affairs at the non-profit Environmental Working Group, expressed shock at the decision. "Nothing could make America less healthy than having a cancer-causing product in cosmetics," Faber stated. "It’s hard to understand why we would revoke a rule that simply requires companies to test for asbestos."
The Known Dangers of Asbestos
Asbestos is a known human carcinogen linked to an estimated 40,000 deaths annually. There is no safe level of exposure, and its use is banned in more than 50 countries. The substance is a group of six naturally occurring fibrous minerals historically prized for their resistance to heat and fire.
Critics point out that the cosmetic industry has been aware since the 1950s that talc can be contaminated with asbestos. Despite this knowledge, the public was not alerted for decades, and the industry successfully lobbied for testing methods that detect only some, not all, asbestos fibres.
The consequences of this contamination have been stark. Asbestos has been regularly found in talc-based products like baby powder. This led to nearly 38,000 lawsuits against personal care giant Johnson & Johnson, which discontinued US sales of its talc-based baby powder in 2020. The company has paid out billions in settlements and has proposed a further $6.5bn settlement for a class-action lawsuit. Around 3,000 women in the UK have also taken a case to the High Court.
Regulatory History and Future Uncertainty
The FDA did not post an immediate press release but justified its decision in a legal notice, citing "unintended consequences" for drug manufacturers, who were reportedly opposed to the testing. The notice stated, "Good cause exists to withdraw the proposed rule at this time."
This move continues a long and tortuous history of attempting to regulate asbestos. An initial 1989 EPA ban was quickly overturned, and subsequent efforts have repeatedly failed. The Cosmetics Modernization Act of 2022 included provisions for talc testing, which the Biden administration began to implement, but the current administration is now poised to kill it.
The FDA notice concluded that the withdrawal was to "reconsider the best means of addressing the issues" and ensure any future testing methods adequately protect consumers. For campaigners like Faber, the decision is a tragic reversal from a health secretary once seen as a protector against cancer.
