Kayla has done a fabulous job breaking down the Safe Cosmetics Act of 2011. We are starting at the end of the bill and working our way to the beginning. Here is the post that breaks down SEC. 623 Nonconfidential Information.
KEY: All Plain Text is directly from H.R. 2359 as it is written and Green is my commentary.
‘‘SEC. 623. NONCONFIDENTIAL INFORMATION.
‘‘(a) INFORMATION AVAILABLE TO PUBLIC.—Subject to subsection (c) and section 622(d)(2), all nonconfidential information submitted pursuant to this subchapter shall be made available to the public, including the following types of information:
‘‘(1) The name, identity, and structure of a chemical substance, contaminant, or impurity that is an ingredient.
‘‘(2) All information concerning function, exposure, health hazards, and environmental hazards for a cosmetic., and
‘‘(3) The functions of ingredients in cosmetics.
‘‘(4) Fragrance, flavor, and colorants in a cosmetic
I’m going to let the fragrance and flavor industry take up their battle with the fragrance disclosure portion of this bill. I have never agreed with the fragrance loophole that allows fragrances to not list their ingredients. Color cosmetics already disclose all of their ingredients, perhaps they are aiming for the natural contaminants found in the earth that end up in make-up. There is a completely false perception caused by the EWG and CFSC that lead is added to lipstick and then not disclosed. However, this is completely false.
Lead (Pb) is on the periodic table, is a naturally occurring substance. It occurs extensively in the earth’s crust and is the 36th most common chemical element on earth, so of course it is going to show up in natural ingredients.
FDA limits lead in color additives to maximum specified levels, typically no more than 20 parts per million (ppm) for color additives approved for use in cosmetics. (Source FDA) Those colors are then diluted into the finished products which explains why levels of lead found in lipstick ranged from .09 ppm to 3.06 ppm and not 20 ppm.
The EPA allows up to 15 ppb of lead in tap water
The FDA allows 5 ppb in bottled water.
The FDA allows .1 ppm of lead in candy.
Lead Levels Assuming Daily Intake
•Lead from bottled water, assuming 64 ounces of water intake per day = daily lead level intake 0.00000032 ounces.
•Lead from tap water, assuming 64 ounces of water intake per day = daily lead level intake 0.00000096 ounces
•Lead from candy, assuming 8 ounces of candy per day = daily lead level intake 0.0000008 ounces.
•Lead from lipstick, 24 to 80 milligrams (.00084 to .00282 ounces) per day applied lipstick = daily lead exposure 0.00000000086 ounces at the highest exposure
Actual Lead Exposure
•Tap water exposes you to 1116 times more lead than lipstick per day.
•Bottle water exposes you to 372 times more lead than lipstick per day.
•Candy exposes you to 930 times more lead than lipstick per day
In addition, studies have shown that skin only absorbs 1% of lead that it comes in contact with. That means that the actual exposure rate is even lower, but if you argued that 100% of the lipstick applied to the lips is consumed the exposure rates above work.
Just to clarify, lead isn’t sold as a separate ingredient for cosmetic scientists to add to lipstick. It is not being added to lipstick, chocolate, your fruits and vegetables or even the water.
‘‘(b) CONFIDENTIAL INFORMATION.—The concentration of cosmetic ingredients used in a finished cosmetic shall be considered confidential business information and may not be made available to the public under subsection (a).
This is great that they state that but it won’t work. You can’t require cosmetic ingredient lists to be written in predominate order and then expect leave it to the cosmetic company to figure out the rubik’s cube of how to merge the long lists together accurately.
Here is a made up example of a formula :
25% Surfactant 1 = 50% “ingredient 1”, 25% “ingredient 2”, 20% “ingredient 3”, 4.9% “ingredient 4”, 7 trace elements make up the rest of the 0.1%
15% Surfactant 2 = 49% “ingredient 1”, 26% “ingredient 2”, 18% “ingredient 3”, 6.9% “ingredient 4”, 9 trace elements make up the rest of the 0.1%
1% Preservative = 25% “ingredient 1”, 25% “ingredient 2”, 25% “ingredient 3”, 24.9% “ingredient 4”, 4 trace elements make up the rest of the 0.1%
Fragrance = 29 “ingredients” at all sorts of percentages!
0.02% Color = 70% “ingredient 1”, 25% “ingredient 2”, 4% “ingredient 3”, 0.9% “ingredient 4”, 12 trace elements make up the rest of the 0.1%
Now each of the ingredients need to be merged in correct descending order. To make matters worse now all ingredient lists in America no longer match the rest of the world.
‘‘(c) PETITION FOR INFORMATION TO REMAIN CONFIDENTIAL.—
‘‘(1) IN GENERAL.—The Secretary shall create a process for an entity to petition for nonconfidential information described in subsection (a) to remain confidential if the entity shows that there would be a serious negative impact to the entity’s commercial interests if such information were disclosed to the public.
This will be a serious impact on the small business since we won’t be able to afford to petition for confidentiality with our products like the big companies.
‘‘(2) LIMITATION.—The Secretary may not approve a petition under paragraph (1) to the extent that such petition would prevent the public disclosure of—
‘‘(A) the name, identity, and structure of any chemical substance, contaminant, or impurity that is an ingredient;
‘‘(B) all health and safety data related to that substance, contaminant, or impurity; or
‘‘(C) any data used to substantiate the safety of that substance, contaminant, or impurity.