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Safe Cosmetics Act of 2010

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{{#badges:stub}} The Safe Cosmetics Act of 2010 was introduced on July 20th, 2010 in the U.S. House of Representatives by Representatives Jan Schakowsky (D-IL), Tammy Baldwin (D-WI) and Edward Markey (D-MA). It was the first attempt in over 30 years to reform how cosmetics are regulated.[1][2][3] It was the first attempt in over 30 years to reform how cosmetics are regulated.

The intent of the bill is to provide a precautionary framework for protecting consumers from exposure to hazardous chemicals. The effort to reform cosmetics regulations intensified after a series of reports by a coalition of environmental health advocates, including Campaign for Safe Cosmetics revealed contaminants and other toxic chemicals in personal care products. Examples included lead in lipstick, formaldehyde in popular baby shampoos, and other chemical exposures.

The legislation was introduced in the same week as the Toxic Chemicals Safety Act of 2010 [4], which reforms the Toxic Substance & Control Act of 1976. Both bills require that corporations making toxic chemicals or who manufacture products with toxic chemicals report the existence of the chemicals in the products, and data about their hazards.

Both bills are the result of an environmental health movement that is responding to the increasing scientific studies linking rising rates of illnesses to chemical exposures. The Safe Cosmetics Act addresses the Food and Drug Administration’s governance over regulations of personal care products, while the Toxic Chemicals Safety Act focuses on Environmental Protection Agency regulatory authority [5].


Key Provisions in the Safe Cosmetics Act of 2010:

Cosmetic and Ingredient Testing and Safety: FDA would establish a list of ingredients prohibited from being used in cosmetics. 

Requires manufacturers to conduct safety assessments and submit information to the FDA.

Ingredient Labels on Cosmetics: The label on each package of cosmetics would be required to list the name of each ingredient, including the components of fragrance. 

Post Market Testing: Requires the Secretary of Health and Human Services to conduct annual random sample tests for pathogens or contaminants in cosmetic products.

Market Restrictions: For products that fail to meet the safety standard, HR 5789 would provide the FDA with recall authority.

Cosmetics and Ingredient Statements: Companies would have to submit ingredient statements for every product they manufacture to the FDA.

Mandatory Reporting of Adverse Health Effects: Cosmetic Manufacturers, packagers, and distributors would have to submit a report to the FDA on any serious adverse events associated with the use of a cosmetic.

Worker Issues: Requires companies that distribute cosmetics for salon use to provide information on health hazards listed by authoritative bodies or found in scientific studies. 

States Rights: States may set more stringent standards.

Registration of Cosmetic Companies and Registration Fees: Cosmetics companies would be required to register with FDA and pay registration fees.

== Opposition

==


Some of the larger corporations making personal care products (Procter & Gamble [6], Johnson & Johnson,[7], Estee Lauder[8] and others), along with their trade group, the Personal Care Products Council (PCPC)[9], appear to have been employing lobbyists and communications professionals to create resistance to the regulatory reform. Individuals such as M.C. “Elvis” Oxley, son of former Ohio Republican Congressman Mike Oxley, and firms such as Duberstein Group,[10] and Policy Directions Inc.[11], represent the PCPC and their member corporations in lobbying efforts on Capitol Hill.

References

  1. Thomas.gov Text of H.R. 5786 Library of Congress,111th Congress (2009-2010), accessed August 31, 2010
  2. Congresswoman Jan Schakowsky Schakowsky Introduces Bill to Reduce Exposure to Harmful Chemicals in Cosmetics House Representative announcement, July 20, 2010
  3. Congressman Ed Markey Harmful Chemicals in Cosmetics: Reps. Schakowsky, Markey, Baldwin Introduce Bill, House Representative announcement, July 20, 2010
  4. [1] House Energy & Commerce Committee HR 5820
  5. [2]Sourcewatch EPA Page
  6. [3]Sourcewatch page on Procter & Gamble
  7. [4]Sourcewatch Page on Johnson & Johnson
  8. [5]SourcewatchPage on Estee Lauder
  9. [6]Sourcewatch Page Personal Care Products Council
  10. [7] Sourcewatch Page Duberstein Group
  11. [8]Sourcewatch Page Policy Directions, Inc.