The FDA’s proposed rule, introduced on October 7, 2025, sought to address the long-standing issue of inadequate asbestos testing in talc-containing cosmetics. For over five decades, the cosmetics industry relied on flawed testing methods that failed to detect harmful asbestos fibers, putting consumers at risk. The proposed rule aimed to overhaul these methods by introducing dual-microscopy testing to detect even trace amounts of asbestos. With a zero-tolerance approach, any asbestos detection would result in a product being deemed adulterated, marking a significant step toward improving consumer safety in the cosmetic industry.
However, in a surprising turn of events, the FDA has withdrawn the proposed rule, leaving the issue of asbestos contamination in talc-based cosmetics unresolved.
Darron E. Berquist, the Managing Attorney of the Asbestos Litigation Practice at The Lanier Law Firm, issued the following statement in response:
“The FDA’s decision to withdraw its proposed rule requiring standardized testing for asbestos in talc-based cosmetics is a profound and disturbing setback for public safety. Asbestos is a known carcinogen with no known safe level of exposure and its potential presence in talc is undisputed, yet this decision ignores these irrefutable facts, and the countless hours that various dedicated experts – including renowned experts in geology, materials science, medicine, toxicology, and public health – devoted to this cause now appear to have been wasted. It also appears to have been influenced by the very industries that would be regulated by the rule. For example, FDA states that it withdrew the proposed rule because (among other reasons) it could affect cosmetic products that are considered “drugs” (things like “medicated powders,” which should be regulated just like non-“drug” cosmetics to prevent asbestos exposure) and industry representatives objected to the human health- and epidemiology-based expansion of the scope of what is considered “asbestos,” advocating instead to continue the use of outdated definitions from decades ago that apply to commercially-mined asbestos (which can appear different under a microscope from asbestos that contaminates talc mines). ”
This means manufacturers may continue to hide behind the lack of federal standards. However, their responsibility to protect consumers remains unchanged. If you or a loved one used talc products and developed an asbestos-related disease, don’t wait. Seek medical guidance, and contact a qualified attorney.