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

Except as provided in subsection (b), (d), or (e), no State or political subdivision of a State may establish or continue in effect any requirement for labeling or packaging of a cosmetic that is different from or in addition to, or that is otherwise not identical with, a requirement specifically applicable to a particular cosmetic or class of cosmetics under this chapter, the Poison Prevention Packaging Act of 1970 ( 15 U.S.C. 1471 et seq.), or the Fair Packaging and Labeling Act ( 15 U.S.C. 1451 et seq.). protects an important public interest that would otherwise be unprotected; would not cause a cosmetic to be in violation of any applicable requirement or prohibition under Federal law; and would not unduly burden interstate commerce. For purposes of subsection (a), a reference to a State requirement that relates to the packaging or labeling of a cosmetic means any specific requirement relating to the same aspect of such cosmetic as a requirement specifically applicable to that particular cosmetic or class of cosmetics under this chapter for packaging or labeling, including any State requirement relating to public information or any other form of public communication. Nothing in this section shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any State. This section shall not apply to a State requirement adopted by a State public initiative or referendum enacted prior to September 1, 1997 .