FDA withdraws talc testing rule amid growing health concerns.
A Dangerous Reversal
On November 28, 2025, the U.S. Food and Drug Administration withdrew its proposed rule requiring standardized testing for asbestos in talc-containing cosmetics. This reversal, signed by Health and Human Services Secretary Robert F. Kennedy Jr., effectively removes critical consumer protections despite overwhelming scientific evidence linking asbestos exposure to deadly diseases, including mesothelioma, lung cancer, and ovarian cancer.
The withdrawn rule was mandated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), which Congress passed specifically to address the documented contamination of talc-based products with cancer-causing asbestos fibers. The FDA's December 2024 proposal would have required manufacturers to test talc-containing cosmetics using polarized light microscopy and transmission electron microscopy—methods capable of detecting even trace amounts of asbestos that current industry testing often misses.
The Hidden Danger in Everyday Products
Talc and asbestos naturally occur together in geological formations, making contamination an inherent risk in talc mining and processing. Independent testing has repeatedly found asbestos in cosmetic products:
• In 2020, the Environmental Working Group (EWG) commissioned laboratory tests that found asbestos in nearly 15% of sampled talc-based cosmetics
• The FDA's own 2019 testing discovered asbestos in 9 out of 52 products, including children's makeup kits
• Products from major brands tested positive for chrysotile asbestos, the form most strongly linked to mesothelioma
According to the FDA and the Centers for Disease Control, there is no safe level of asbestos exposure. Even a single asbestos fiber lodged in the lungs can cause mesothelioma decades later. Studies estimate that more than 60% of mesothelioma cases in women may stem from non-occupational exposure, highlighting the particular danger posed by contaminated cosmetics used in daily personal care routines.
The Economic Toll of Asbestos Disease
Asbestos-related diseases extract an enormous economic and human cost from American society. Approximately 40,000 Americans die each year from asbestos-caused diseases—one death every 13 minutes. These preventable deaths represent:
• Billions in medical costs for treating mesothelioma, asbestosis, and asbestos-related cancers
• Lost wages and productivity from workers unable to continue employment
• Immeasurable suffering for patients and their families
The social consequences extend beyond individual victims. Children exposed to asbestos through contaminated cosmetics face a lifetime risk of disease. Women who used talc-based products throughout their lives are now being diagnosed with mesothelioma and ovarian cancer decades after exposure. These diseases rob families of parents, grandparents, and loved ones—losses that cannot be measured in dollars alone.
Occupational Exposure: A Toxic Legacy
The history of asbestos in the American workplace tells a story of corporate negligence and regulatory failure. From the 1930s through the 1980s, asbestos manufacturers knowingly exposed millions of workers to deadly fibers while concealing the health risks. Industries using asbestos included:
• Shipyards and naval construction
• Construction and building trades
• Automotive manufacturing (brake linings and clutches)
• Insulation installation and removal
• Power plants and industrial facilities
• Textile factories
Official estimates indicate approximately 27 million American workers were exposed to asbestos between 1940 and 1979 alone. The International Commission on Occupational Health found that nearly 40,000 American workers lose their lives every year to asbestos-related illnesses. At the same time, OSHA estimates more than 500,000 workers remain at risk of exposure today.
Workers' Compensation: An Inadequate Response
While workers' compensation systems were designed to provide no-fault insurance for workplace injuries, they have proven woefully inadequate for asbestos disease victims. Studies show that only 35-57% of mesothelioma patients file workers' compensation claims, despite the disease being almost exclusively caused by asbestos exposure.
Several factors contribute to this underutilization:
• Long latency periods: Mesothelioma typically develops 20-50 years after exposure, long after statutes of limitations have expired, and workers have retired or changed jobs
• Limited awareness: Many victims and their doctors don't recognize the connection between past workplace exposure and current disease
• Modest compensation: Workers' compensation awards are typically far lower than what plaintiffs can recover through civil litigation
• Exclusive remedy provisions: Accepting workers' compensation often bars employees from suing their employers for additional damages
The inadequacy of workers' compensation has placed enormous strain on state insurance systems while leaving many victims without adequate resources for medical care or family support.
Civil Litigation: Holding Wrongdoers Accountable
Because of the limitations of workers' compensation, civil lawsuits have become the primary avenue for asbestos victims to seek justice. These cases have revealed the extent of corporate knowledge and deliberate concealment of asbestos dangers:
• Internal documents showed manufacturers knew since the 1930s that asbestos caused serious health problems
• Companies actively suppressed research demonstrating the link between asbestos and disease
• Industry groups like the Asbestos Information Association denied dangers while evidence mounted
Significant verdicts have held companies accountable: In October 2025, a Los Angeles jury awarded $966 million to the family of Mae K. Moore in a wrongful death lawsuit against Johnson & Johnson. Such verdicts, while significant, come decades too late for many victims.
The volume of litigation has been staggering. According to KCIC industry reports, 3,685 lawsuits related to occupational asbestos exposure emerged in 2020 alone. To manage these liabilities, courts have required bankrupt asbestos companies to establish trust funds—now holding billions of dollars—to compensate current and future victims.
Secondary Exposure: Invisible Victims
The tragedy of asbestos extends beyond direct workplace exposure. Family members—particularly women and children—contracted asbestos diseases through secondary exposure when workers brought home fibers on their clothing, skin, and hair. Federal regulations now require some employees to shower and change clothes before leaving work. Still, these protections came too late for countless families who lived with contaminated work clothes for decades.
The Ongoing Ban Controversy
While more than 50 countries have banned asbestos entirely, the United States continues to allow its use. In March 2024, the EPA finalized a ban on chrysotile asbestos—the only form still imported into the U.S.—under the reformed Toxic Substances Control Act. The ban targeted remaining uses, including:
• Asbestos diaphragms in chlor-alkali production (chlorine and sodium hydroxide manufacturing)
• Sheet gaskets for industrial equipment
• Brake blocks and automotive friction products
However, industry groups, including the American Chemistry Council, Olin Corporation, and state chemistry councils, immediately challenged the ban. In February 2025, the Fifth Circuit Court of Appeals granted the EPA's motion to pause enforcement for up to 30 months while the agency reconsiders the rule.
What's Holding the National Ban?
Multiple factors prevent a complete U.S. asbestos ban:
• Industry lobbying: Chemical manufacturers argue the ban is "overly broad" and that workplace protections are sufficient, despite evidence showing workers routinely fail to use personal protective equipment correctly
• Economic concerns: Companies claim switching to alternatives would cause supply chain disruptions and force them to reformulate products, despite alternatives being readily available and used successfully in other countries
• Political resistance: The Trump administration's "Make America Healthy Again" agenda paradoxically includes reconsidering the asbestos ban, claiming to balance public health with regulatory flexibility
• Regulatory complexity: The EPA cites "highly scientific and technical issues" in defining asbestos and determining testing thresholds, though health experts maintain no safe level of exposure exists
Meanwhile, efforts to strengthen protections through legislation have stalled. The Alan Reinstein Ban Asbestos Now (ARBAN) Act, which would comprehensively ban all asbestos importation and use without loopholes or exemptions, has yet to pass despite bipartisan support.
The Human Cost of Delay
Every delay in implementing asbestos protections guarantees more preventable deaths. Linda Reinstein, president and co-founder of the Asbestos Disease Awareness Organization, stated: "Withdrawing the rule removes basic protections for consumers, especially women and children, who are disproportionately exposed through daily personal care routines. EPA's own science confirms that asbestos is deadly, even at low exposures. Each year, 40,000 Americans die from preventable asbestos-caused diseases."
Dr. Tasha Stoiber, a senior EWG scientist, emphasized the stakes: "Inhaling even the tiniest amount of asbestos in talc can cause mesothelioma and other deadly diseases, many years after exposure. It only takes a single asbestos fiber lodged in the lungs to cause mesothelioma decades later."
What Comes Next?
The FDA has stated it will issue a new proposed rule to meet its statutory obligations under MoCRA, but no timeline has been provided. Meanwhile, the EPA's reconsideration of the chrysotile asbestos ban could take up to 30 months—more than two years during which Americans remain at risk.
Health advocates warn that these delays serve corporate interests at the expense of public health. With asbestos still imported for industrial use and no mandatory testing for cosmetics, Americans continue to face exposure to a known carcinogen that has been banned in dozens of countries worldwide.
The toxic legacy of asbestos—from occupational exposure that devastated workers and their families to ongoing contamination of consumer products—demands urgent action. Until comprehensive bans are enacted and enforced, the death toll will continue: one preventable death every 13 minutes, 40,000 lives lost each year, and countless families left to grieve loved ones who paid the price for corporate profit and regulatory inaction.
The question is not whether America can afford to ban asbestos—it's whether we can afford not to.
Recommended Citation: Gelman, Jon L., Deadly Rollback: Asbestos Unprotected, Workers' Compensation, 12/13/2025.
Blog: Workers' Compensation
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
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© 2025 Jon L Gelman. All rights reserved.
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