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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 21 U.S.C. § 364e Labeling us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 364e 21 U.S.C. § 364e current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s364e data/legal/raw/us/code/title-21/usc21.xml 45c845639f12cbd73da185332e81e4449cf90acbef3df2c1ac7f971057466d6e 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 86d4f8c3b0c2325aff61c0c69185591a7e0f6381e614a2818d9f14d222c7c094 2026-07-04 official
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21 U.S.C. § 364e - Labeling

Text

(a) General requirement Each cosmetic product shall bear a label that includes a domestic address, domestic phone number, or electronic contact information, which may include a website, through which the responsible person can receive adverse event reports with respect to such cosmetic product.

(b) Fragrance allergens The responsible person shall identify on the label of a cosmetic product each fragrance allergen included in such cosmetic product. Substances that are fragrance allergens for purposes of this subsection shall be determined by the Secretary by regulation. The Secretary shall issue a notice of proposed rulemaking promulgating the regulation implementing this requirement not later than 18 months after December 29, 2022, and not later than 180 days after the date on which the public comment period on the proposed rulemaking closes, shall issue a final rulemaking. In promulgating regulations implementing this subsection, the Secretary shall consider international, State, and local requirements for allergen disclosure, including the substance and format of requirements in the European Union, and may establish threshold levels of amounts of substances subject to disclosure pursuant to such regulations.

(c) Cosmetic products for professional use (1) Definition of professional For purposes of this subsection, the term “professional” means an individual who is licensed by an official State authority to practice in the field of cosmetology, nail care, barbering, or esthetics.

(2) Professional use labeling A cosmetic product introduced into interstate commerce and intended to be used only by a professional shall bear a label that—

(A) contains a clear and prominent statement that the product shall be administered or used only by licensed professionals; and

(B) is in conformity with the requirements of the Secretary for cosmetics labeling under this chapter and section 1453(a) of title 15.

(June 25, 1938, ch. 675, § 609, as added Pub. L. 117328, div. FF, title III, § 3502, Dec. 29, 2022, 136 Stat. 5854.)

Notes

Statutory Notes and Related Subsidiaries

Effective Date of 2022 AmendmentPub. L. 117328, div. FF, title III, § 3503(b)(2), Dec. 29, 2022, 136 Stat. 5859, provided that: “Section 609(a) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 364e(a)], as added by section 802 [probably should be “section 3502”], shall take effect on the date that is 2 years after the date of enactment of this Act [Dec. 29, 2022].”

Construction; ConfidentialityNothing in section 3502 of Pub. L. 117328, which enacted this section, to be construed to authorize the disclosure of information that is prohibited from disclosure under section 331(j) of this title or section 1905 of title 18 or that is subject to withholding under section 552(b)(4) of title 5, see section 3503(c)(2) of Pub. L. 117328, set out as a note under section 364 of this title.