Last month, FDA withdrew a proposed rule for standardized asbestos testing in talc-based cosmetics. The proposed rule, introduced in Nov. 2024 and withdrawn Nov. 2025, was mandated by the Modernization of Cosmetics Regulation Act of 2022 or MoCRA.
Following an open comment period, FDA decided to withdraw the rule—citing significant public opposition and unintended consequences.
“When you read the headline: ‘They're withdrawing a proposed rule that would regulate asbestos,’ it's hard to see how that could have maybe a less malicious... or not malicious, but insidious spin,” Jacquelyn said. “But like you said, it's so, so complicated.”
Some experts and lobbyists suggested the withdrawal smacks of industry influence. Indeed, even if unintended—some industries will benefit from the rule reprieve.
“I think this [rule withdrawal] is enormously valuable for Johnson & Johnson, even if it lasts only for a few weeks. Because at the very least, it sort of muddies the record and helps them clawback credibility,” Gardiner Harris, author of The New York Times bestselling book “No More Tears: The Dark Secrets of Johnson & Johnson,” said to The Cancer Letter.
However, some other experts believe that the proposed rule was fundamentally flawed, and that a withdrawal was necessary in order to completely rewrite it, Claire said.
“But, nothing has really changed,” Claire said. “It was just a proposed rule, the rule was not finalized.”
An HHS spokesperson said to The Cancer Letter that a new, more “comprehensive” rule is forthcoming. Historically, it’s not unusual for FDA to withdraw a rule in order to rewrite it, and then propose it again.
“A lot of insiders—FDA watchers—I'll call them, pointed out that FDA is legally required to issue this rule. They are mandated by the Cosmetics Act [MoCRA]. So I mean, that's the good news, is that the administration has to propose another and hopefully better rule,” Claire said. “I guess the concerning news is that there's no timeline for when that's going to happen. So, in the meantime, it's voluntary, and it's up to us to decide what's safe.”
Stories mentioned in this podcast include:
John Byrd brings blood cancer expertise to solid tumor, immunology powerhouse at UPMC
FDA withdraws proposed rule for asbestos testing in talc-based cosmetics. It’s anyone’s guess whether the agency is preparing to strengthen or relax talc regulation.
ESMO publishes guidances on AI tools for clinicians, patients, and researchers. Says one author: “We think there should be some degree of human oversight, otherwise, they can go completely rogue and nobody notices.”
Harvey Risch, critic of COVID-19 response, tapped by White House to serve as chair of the President’s Cancer Panel
A transcript of this podcast is available: https://cancerletter.com/podcastc/20251217-talc/