Sec. 106. Labeling and internet sales
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Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq.), as amended by section 105, is further amended by adding at the end the following: If a warning or condition of use is required pursuant to section 608(d)(4) to ensure the safe use of a cosmetic ingredient, the Secretary shall require appropriate labeling of any cosmetic product that contains such ingredient, including if such ingredient— is not appropriate for use in the entire population; or requires warnings that children, pregnant women, and other vulnerable populations should limit or avoid using the product.
The labeling of cosmetic products used and sold by professionals shall list all ingredients, as required for other cosmetic products pursuant to section 602(g). In the case of a cosmetic product that is intended to be used only by a professional on account of a specific ingredient or increased concentration of an ingredient and requires safe handling by trained professionals, the product shall bear a statement as follows: For Professional Use Only . A warning required under subsection
(a)and any statement required under subsection (b)(2) shall be prominently displayed— in the primary language used on the label or on packaging; and in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed on the label. In the case of internet sales of cosmetic products, each primary seller offering a cosmetic product for sale to consumers on an internet website shall prominently and conspicuously display on such internet website— the same information that is included on the packaging of the cosmetic product as regularly available, such as any warnings, ingredient list, and contact information; and the warnings and statements described in subsection (c). For purposes of this subsection, the term primary seller refers to the entity who offers a cosmetic product for sale on an internet website, including the responsible person. Not later than 2 years after the date of enactment of the Cosmetic Safety Enhancement Act of 2019, the responsible person shall include on the label of any cosmetic products containing one or more fragrance allergens, a list of each such fragrance allergen included in such cosmetic product that is consistent with national and international regulations for fragrance allergens labeling. The contact information on the label on a cosmetic product for consumers to report adverse events shall also provide a means for consumers to obtain additional information about the inclusion of any recognized fragrance allergen required to be included on such label under subsection (a). The responsible person shall— upon receipt of a request for information under paragraph (1), promptly obtain and provide such information to the requesting consumer; and in the case of information in the possession of a supplier, promptly obtain such information from such supplier, if reasonably available. A supplier shall promptly provide information requested pursuant to subparagraph (A)(ii). . Section 602 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 362 ) is amended by adding at the end the following: If its labeling or packaging does not contain a listing of ingredients that meets the requirements of part 701 of title 21, Code of Federal Regulations (as in effect on date of enactment of the Cosmetic Safety Enhancement Act of 2019 ) (or any successor regulations). . The amendments made by this section shall apply with respect to products introduced or delivered for introduction into interstate commerce on or after the date that is 2 years after the date of enactment of this Act.
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