21 U.S.C. § 379s — Preemption for labeling or packaging of cosmetics

(a) In general. Except as allowed under subsections (b), (d), or (e), a state or local government cannot create or keep in effect a labeling or packaging requirement for a cosmetic that is different from, adds to, or is not identical with a requirement that specifically applies to that cosmetic or class of cosmetics under this chapter, the Poison Prevention Packaging Act of 1970, or the Fair Packaging and Labeling Act. (b) Exemption. A state or local government can apply to the Secretary for an exemption from subsection (a). After giving notice and a chance for written and oral comment, the Secretary may grant the exemption, with conditions, if the state or local labeling or packaging requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not make a cosmetic violate an applicable federal requirement or prohibition; and (3) would not unduly burden interstate commerce. (c) Scope. For subsection (a), a state requirement "relates to" the packaging or labeling of a cosmetic if it covers the same aspect of that cosmetic as a requirement that specifically applies to that cosmetic or class of cosmetics under this chapter for packaging or labeling — this includes any state requirement about public information or other public communication. (d) No effect on product liability law. Nothing in this section changes or affects any lawsuit or a person's liability under a state's product liability law. (e) State initiative. This section does not apply to a state requirement adopted through a public initiative or referendum enacted before September 1, 1997.