# § 364d. Safety substantiation
**(a)** **Substantiation of safety** A responsible person for a cosmetic product shall ensure, and maintain records supporting, that there is adequate substantiation of safety of such cosmetic product.
**(b)** **Coal-tar hair dye** section 361(a) of this title
Subsection (a) shall not apply to coal-tar hair dye that otherwise complies with the requirements of . A responsible person for a coal-tar hair dye shall maintain records related to the safety of such product.
**(c)** **Definitions** For purposes of this section:
**(1)** **Adequate substantiation of safety** The term “adequate substantiation of safety” means tests or studies, research, analyses, or other evidence or information that is considered, among experts qualified by scientific training and experience to evaluate the safety of cosmetic products and their ingredients, sufficient to support a reasonable certainty that a cosmetic product is safe.
**(2)** **Safe** The term “safe” means that the cosmetic product, including any ingredient thereof, is not injurious to users under the conditions of use prescribed in the labeling thereof, or under such conditions of use as are customary or usual. The Secretary shall not consider a cosmetic ingredient or cosmetic product injurious to users solely because it can cause minor and transient reactions or minor and transient skin irritations in some users. In determining for purposes of this section whether a cosmetic product is safe, the Secretary may consider, as appropriate and available, the cumulative or other relevant exposure to the cosmetic product, including any ingredient thereof.
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**Source Credit**: (June 25, 1938, ch. 675, § 608, as added Pub. L. 117–328, div. FF, title III, § 3502, Dec. 29, 2022, 136 Stat. 5854.)
## Statutory Notes and Related Subsidiaries
### Construction; Confidentiality
Nothing in , which enacted this section, to be construed to authorize the disclosure of information that is prohibited from disclosure under or or that is subject to withholding under , see , set out as a note under .
### Talc-Containing Cosmetics
> “The Secretary of Health and Human Services—
>
> **“(1)** not later than one year after the date of enactment of this Act [Dec. 29, 2022], shall promulgate proposed regulations to establish and require standardized testing methods for detecting and identifying asbestos in talc-containing cosmetic products; and
>
> **“(2)** not later than 180 days after the date on which the public comment period on the proposed regulations closes, shall issue such final regulations.”
, , , provided that: