FDA rulemaking or guidance may be needed to clarify points in federal law amended by the Microbead-Free Waters Act of 2015, and it's possible that industry hasn't seen the last of state legislation aimed at addressing plastic microbead use in the cosmetics sector, Latham & Watkins attorneys say.
Federal Microbead Ban May Not Be Final Word On Cosmetic Use
Latham & Watkins attorneys believe the limited scope and "interpretive ambiguities" of the US Microbead-Free Waters Act could leave room for state legislation targeting plastic microbead use in cosmetic products, notwithstanding the law's preemption component. The absence of a "plastic" definition under the federal ban also raises questions, which biopolymer suppliers are racing to address with receptive ears in Congress.
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