The Food and Drug Administration is set to withdraw a proposed rule that would require mandatory testing for asbestos contamination in talc-based cosmetic products, despite longstanding health concerns linking such contamination to cancer.

The proposed rule, which had been developed during the Biden administration under the Cosmetics Modernization Act of 2022, aimed to enforce testing for asbestos in personal care items like baby powder and makeup. However, the FDA has now issued a legal notice stating that it will abandon the rule, citing “unintended consequences” raised by the pharmaceutical industry.

US Health Secretary Robert F. Kennedy Jr., a leading figure in the “Make America Healthy Again” (Maha) movement, signed off on the decision. The Maha movement, which helped bring Donald Trump back to office, has claimed its mission is to eliminate toxins like asbestos from public products, making the rollback particularly shocking for health advocates.

“Nothing could make America less healthy than having a cancer-causing product in cosmetics,” said Scott Faber, vice-president of government affairs at the Environmental Working Group, a non-profit that has campaigned for talc regulation.

Read more: Johnson & Johnson proposes $8.9bln to settle talcum cancer cases

RFK Jr.-led health order contradicts safety campaign

While RFK Jr. has built his political reputation around environmental health, critics argue this decision undercuts that image. The FDA’s filing stated it was aligning with Maha priorities and re-evaluating broader asbestos risk strategies, yet failed to provide a clear alternative path forward.

Asbestos, a group of six fibrous minerals, is a known carcinogen banned in more than 50 countries. Even small amounts can pose serious health risks, and exposure has been linked to an estimated 40,000 deaths annually in the United States alone.

Read more: US Senate grills RFK Jr over vaccine policies, public health risks

Industry influence and legal pressure derail safety measure

Industry opposition appears to have played a major role in the FDA’s decision. The agency noted drug manufacturers raised concerns about the potential impact of mandatory testing, although details remain unclear.

Cosmetic firms have known since the 1950s that talc can be contaminated with asbestos, yet until the 1970s, the public remained largely unaware. Even today, industry-approved testing methods can miss some asbestos fibers.

Despite decades of evidence and growing public concern, regulating asbestos in consumer products remains elusive. An earlier 1989 EPA ban was overturned by a court, and subsequent legislative efforts have failed. Biden’s EPA revived the ban, only for the Trump administration to attempt to reverse it again.

Johnson & Johnson lawsuits and global backlash

Johnson & Johnson, one of the most prominent manufacturers of talc-based products, discontinued sales of its talc baby powder in the US in 2020 following nearly 38,000 lawsuits. The company has already paid billions in settlements and is now proposing an additional $6.5 billion to settle a class-action suit.

In the UK, roughly 3,000 women have filed a similar case, alleging the company knowingly exposed them to a carcinogenic product.

Regulatory whiplash: From Biden to Trump-era reversals

The decision to halt the rule illustrates the ongoing regulatory instability between successive administrations. Under Biden, talc testing had begun implementation, while Trump’s administration—via RFK Jr. and Maha, has now signaled a full retreat.

“It’s tragic that a person who has used most of his career to protect people from cancer is doing this,” said Faber, referring to RFK Jr.

With the rule's withdrawal, health advocates warn that consumers will remain at risk from asbestos-contaminated products widely sold on the market.