ILR Comments to FDA on Talc Asbestos Testing Methods

The U.S. Chamber Institute for Legal Reform submitted comments to the FDA criticizing the Interagency Working Group on Asbestos in Consumer Products (IWGACP) for its preliminary recommendations on testing methods for asbestos in talc and cosmetic products. The IWGACP recommends that laboratories no longer distinguish between true asbestos and "cleavage fragments"—ordinary rock particles that can resemble asbestos—treating both as equivalent in testing. The Chamber argues that this approach is overly broad, not supported by scientific evidence, and could have significant negative consequences for various industries that use talc and other minerals.

The document details that scientific studies and regulatory precedents do not support equating nonasbestiform cleavage fragments with asbestos, as there is no credible evidence that these fragments pose the same health risks. Federal agencies such as OSHA and the Department of the Interior have previously excluded nonasbestiform minerals from asbestos regulations, citing a lack of evidence linking them to diseases like cancer. The Chamber contends that the IWGACP’s recommendations ignore this scientific consensus and could lead to misguided regulatory actions, unnecessary litigation, and confusion in laboratory testing protocols.

The Chamber warns that the recommendations could adversely affect the U.S. talc industry and related sectors, including cosmetics, pharmaceuticals, automotive, plastics, and more, with potential ripple effects on industries using other minerals. The letter urges the FDA and other agencies to withdraw the recommendations until they undergo formal notice-and-comment rulemaking and thorough scientific review, emphasizing the need for sound science and stakeholder engagement before implementing such impactful regulatory guidance.