HR-4436-119
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsored by Janice Schakowsky (D-IL)
What it does
This bill would direct the FDA to establish safety standards for synthetic braids and require warning labels on products that do not meet those standards. It would require HHS to fund and conduct research on harmful chemicals in cosmetics marketed to women and girls of color and salon workers, and to publish reports with recommendations. The bill would also require OSHA to mandate that manufacturers and importers of professional cosmetic products provide safety data sheets in multiple languages, and would require salon employers to make those sheets available to exposed employees.
Who benefits
Women and girls of color who use cosmetics containing chemicals linked to health risks. Professional nail, hair, and beauty salon workers — a workforce that is disproportionately composed of immigrant women and women of color — who would gain access to multilingual safety information. Consumers who purchase synthetic braids, who would receive clearer safety labeling. Researchers and academic institutions that would receive federal grants. Alternative and safer chemical manufacturers who could gain market share if harmful chemicals are phased out. Community health organizations that could receive grants to operate national resource centers.
Who is hurt
Manufacturers and importers of synthetic braids and professional cosmetic products who would face new regulatory compliance costs, including reformulation, relabeling, and multilingual documentation requirements. Small beauty supply businesses and distributors with limited resources to absorb compliance costs. Salon operators who would bear new administrative obligations to provide safety data sheets to employees. Potentially, consumers who could see price increases if compliance costs are passed through the supply chain. Manufacturers of chemicals currently used in cosmetics who could face reduced demand if research leads to restrictions.
Supporters argue
Supporters argue that studies — including a 2022 NIH study published in the Journal of the National Cancer Institute — have linked chemicals in hair straighteners and other cosmetics disproportionately used by Black women to elevated rates of uterine cancer, and that federal safety standards have not kept pace with this evidence. They contend that salon workers, many of whom are immigrant women with limited English proficiency, face chronic occupational chemical exposure without adequate safety information, and that multilingual data sheet requirements and resource centers would directly address a documented gap in worker protection.
Opponents argue
Opponents argue that the bill creates a duplicative and costly regulatory layer on top of existing FDA cosmetic authority established under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), which already requires safety substantiation and adverse event reporting for cosmetics. They contend that singling out specific product categories and demographic groups for targeted regulation — rather than applying uniform safety standards across all cosmetics — sets a problematic precedent and may impose disproportionate compliance burdens on small, minority-owned beauty supply businesses that serve the very communities the bill aims to protect.
Constitutional context
Congress has broad authority to regulate cosmetics and workplace safety under the Commerce Clause (Art. I, §8, cl. 3), as cosmetics are articles of interstate commerce. FDA and OSHA rulemaking authority is grounded in the Necessary and Proper Clause. Post-Loper Bright (2024), courts will independently review whether FDA and OSHA rules implementing this bill stay within the statutory authority Congress grants, without deferring to agency interpretations.
Checks and balances
The executive branch (FDA, HHS, and OSHA) gains new rulemaking and grant-making authority; Congress retains oversight through appropriations and committee review, and courts may independently review agency rules under the post-Loper Bright standard.
Historical precedent
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) was the most significant expansion of FDA cosmetic authority since 1938, establishing safety substantiation and reporting requirements for cosmetics broadly, though it did not create product-specific standards for synthetic braids or demographic-targeted research mandates.