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Safe Cosmetics Act: Where Does It Go From Here?

Posted by on July 30, 2010 · 6 Comments 

With the myriad problems and confusion the proposed bill HR Safe Cosmetics Act of 2010 could create for manufacturers and consumers I figured it would be a great opportunity to share my background being an AP history and US government teacher and CFO of The Grapeseed Company. I went back to my high school government lesson on how a bill becomes a law. So, I watched the “I am a Bill” video on You Tube and I found a handy flow chart on LexisNexis Congressional.

There are links to both included in this post. For those of you how don’t have time for a cartoon or who have flow chart phobia, the important things to remember are….

1. It is actually quite rare for bills to make it through committee hearings and rarer still for them to make it through both the House of Representatives and the Senate.

2. Bills almost never go into law in their original form. In other words, laws are edited so much in committee and conference (where the House and Senate version are reconciled) that the final law is something almost completely different than the original bill.

3. Members of House and Senate committees along with their staff are usually attorneys and experts in the specialization of their committees. In addition they do not want to send a terrible bill to the floor as it would hurt their personal reputation. So, they generally edit out the unreasonable parts of bills.

It is unlikely that the Safe Cosmetics Act of 2010 will make it into law in its current form. Furthermore, if it does make it all the way through the long process to becoming a law it is also unlikely the worst parts of it will be intact. Especially if enough people take action, sign the petition, vote in Open Congress and contact their representative specifically referring to the worst parts of the Safe Cosmetics Act of 2010.

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Guest post by Peter Cotte, CFO of The Grapeseed Company and AP history teacher: Carpinteria Union School District Carpinteria, CA

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  • http://www.cactusandivy.com Lisa M. Rodgers

    What a great reminder of how a bill becomes a law Peter. By the way, thanks for taking me back many…..many….many years with the Schoolhouse Rock video. *ugh*

  • http://www.sterlingminerals.com/ Katherine

    Well then God Bless America!

    Most of us may know about science and chemistry, but I for one am not a politician, but only know a bad bill when I see one.

    Thanks Peter!

  • http://www.indiebusinessblog.com Donna Maria Coles Johnson

    Great post, Peter! Thanks for taking the time to share.

    One of the things the Campaign For Safe Cosmetics continues to say to “reassure” its Compact signers and other small cosmetics companies is exactly what you are saying here. Their rhetoric, briefly, is, “Don't worry, it won't pass like this. There will be changes.” The people who hear that then go out on FaceBook and tell everyone not to worry.

    The problem with Campaign For Safe Cosmetics spreading this message is that it's only half of the story, considering they are the ones behind the bill. When they say it, it makes me wonder why they didn't ask their Compact signers what they thought BEFORE introducing the bill? That way, they could have massaged the language beforehand and in a way that would not produce so much utter chaos in the life of the small business owners they claim to be so concerned about.

    It is true that bills go through a variety of amendments, committee mark-ups, etc. before they become law — if they become law. Having said that, impacting that process as it plays out costs money and takes time. And far too often, it's time and money that small companies don't have, thus forcing them to surrender their right to meaningfully influence the conversation.

    I got a quote this morning from a small boutique lobbying firm in Washington, DC of $10,000 per month for a year to retain their services so that our voice can be heard in a traditional sense as the debate continues. If we can find $120,000, it will be fantastic. But if we can't, and that is clearly more likely, we have two choices: (1) drop everything, including the ability to serve our customers whole-heartedly, to participate as best we can; or (2) watch from the sidelines as everyone with the resources to influence holds the fate of our businesses in their hands.

    The Campaign For Safe Cosmetics knew they were putting their Compact signers, my members and multiple thousands of companies in that position when they went behind their backs to propose this legislation.

    While the factual scenario I am sharing here may not be relevant to the four corners of HR 5786, it is relevant in terms of the motivation of the main special interest group behind this bill.

    Thank you again for sharing an important reminder about how the process works.

    dM, Founder, Indie Beauty Network

  • Dene Godfrey

    Great post, Donna Maria – why don't you put that on Stacy Malkan's blog, as she is one of the stronger voices in the CFSC – it probably won't get posted, of course, but I think your comments shold be seen by as many CFSC signatories as possible!

  • http://twitter.com/Samara_Botane Samara Botane

    Donna Maria is doing a herculean job to lead us by example. It also takes us; she can't be all places at all times. Many of us are sharing our story and concerns on Stacy Malkan's blog. Some of us have been doing this since the FDA Globilization Act first emerged with CFSC backing in 2008. You will also find our comments to relevant articles on Huffington Post and other internet blogs that support the bill. Stacy Malkan, and the rest of CFSC are proving themselves to be disinterested in our our stories or concern, especially if it addresses their organizational mission or operations. She (and they at their website) will simply not address these concerns openly. Here's my latest attempt, however, to help inform the general public. http://bit.ly/9SxrBN I posted a link to this on Stacy's blog, inviting her comments, however, I've seen nothing yet. Not holding my breath. Marcia

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