In a long-awaited move to protect consumer safety, the U.S. Food and Drug Administration (FDA) proposed a new rule that would require all talc-containing cosmetic products to be tested for asbestos using standardized methods. This is the first rule issued under the Modernization of Cosmetics Regulation Act, and it could have sweeping implications for both manufacturers and the people who use their products every day.

At The Cheek Law Firm, we've seen firsthand how exposure to even small amounts of asbestos can lead to devastating illnesses like mesothelioma and ovarian cancer. Many of the victims we represent had no idea they were ever exposed, and some never worked around asbestos at all. That's why we're closely watching the FDA's actions on talc.

Why the Rule Matters

Talc and asbestos are minerals that can naturally occur together in the earth. If talc isn't carefully tested and refined, it can carry asbestos fibers with it into consumer products like baby powder, blush, and eyeshadow. These fibers are invisible to the naked eye, but they can lodge deep in the lungs or abdomen, sometimes leading to cancers decades later.

Under the proposed rule, manufacturers would be required to test talc-containing products using two scientific methods: polarized light microscopy (PLM) and transmission electron microscopy (TEM) paired with energy dispersive spectroscopy (EDS) and selected area electron diffraction (SAED). These testing methods are among the most sensitive available, capable of detecting even microscopic levels of asbestos contamination.

The FDA makes one thing very clear: there is no safe level of asbestos exposure. Any product that tests positive for asbestos using these methods would be considered adulterated, meaning it would be illegal to sell under the Federal Food, Drug, and Cosmetic Act.

"There is no established safe level below which asbestos could not cause adverse health effects."

The FDA's proposed testing rule follows years of mounting litigation against major corporations accused of selling talc-based products tainted with asbestos. These lawsuits have been filed by individuals diagnosed with mesothelioma, ovarian cancer, and other asbestos-related diseases.

Here are just a few examples of recent developments in talc litigation:

• As of January 2025, more than 62,000 lawsuits have been filed against Johnson & Johnson related to its talcum powder products.

• Avon, the cosmetics company, reportedly spent over $225 million resolving asbestos claims before filing for bankruptcy protection in 2024.

• Several other well-known manufacturers and suppliers have faced substantial verdicts and settlements stemming from asbestos exposure through cosmetic talc.

Thousands of additional cases are still making their way through the courts, and new claims continue to be filed. 

Recordkeeping and Accountability

The proposed rule also includes strict recordkeeping requirements. Manufacturers must maintain documentation of asbestos testing for at least three years and provide it to the FDA within one business day of a request. Companies can either conduct the testing themselves or rely on a certificate from a qualified talc supplier, but they're still responsible for ensuring the testing was done properly.

Even if a product doesn't contain asbestos, failing to comply with testing or recordkeeping requirements could still result in it being classified as adulterated. The message is clear: companies are accountable for the safety of their products.

What Happens Next

The proposed rule was published in December 2024, and the public comment period has already closed. During that period, individuals, advocacy groups, industry representatives, and other stakeholders were able to submit feedback on the proposal. Now that the comment period has ended, the FDA is reviewing and analyzing all submitted comments to determine whether the rule should be modified before it becomes final.

This review process can span several months. The FDA may hold additional public meetings or workshops before finalizing the rule. Once finalized, it will be published in the Federal Register and go into effect after a set compliance period. Companies will be expected to adapt quickly, and the FDA may issue additional guidance to help manufacturers meet the new requirements.

Looking Ahead

The FDA's proposed rule marks a significant step toward ensuring that cosmetics sold in the United States are free from asbestos contamination. Here in Louisiana, we've long fought for victims who were unknowingly exposed to asbestos, whether through industrial jobs or everyday household products.

If you or someone you love has been diagnosed with mesothelioma, ovarian cancer, or another asbestos-related illness after using talc-based products, The Cheek Law Firm is here to help. We offer free consultations and fight for Louisiana families like they're our own. Give us a call or fill out our free intake form today. 

Click here to read the proposed rule by the Food and Drug Administration on 12/27/2024.