I’m a member of Independent Cosmetic Manufacturers & Distributors (ICMAD) and recently got this email alert regarding their response to the Safe Cosmetics Act of 2010. I have ICMAD’s permission to share their member letter with readers on Personal Care Truth.
Member Alert :: SAFE COSMETICS ACT of 2010
As you may be aware, there is a recently introduced bill in Congress – the Safe Cosmetic Act of 2010, HR 5786.
This bill will dramatically change the regulation of cosmetics in the U.S. The Bill proposes mandatory FDA registration and payment of fees by manufacturers and marketers and preclearance by the FDA of all cosmetic ingredients, including contaminants present at parts per billion, which must be identified on cosmetic labels. Under this bill cosmetics will be more heavily regulated than OTC drugs or dietary supplement
ICMAD is the voice for small to mid-sized entrepreneurial companies and as such it is our mission to inform and protect your interests. Below are some Talking Points highlighting the negative aspects of the bill that you must be aware of…further points will be shared with you in the weeks to come.
If this bill proceeds we will need your help to prevent it from being enacted by:
- Contacting your local politician in the weeks to come (ICMAD will be providing a list and sample letter to send)
- Providing a dues-based donation to a new Legislative Advocacy Fund enabling ICMAD to continually work on your behalf in the halls of Congress
- Reviewing and sharing the Talking Points with your employees and colleagues in the industry as well as others who may have an interest in the survival of our vibrant industry
1. Members should understand the fear-based advocacy tactics that created the basis for HR 5786.
This legislation is supported by fear-based advocacy groups who disregard the majority of scientific information by focusing on carefully worded distortions intended to frighten the public, manipulate the media and fool well-meaning politicans into supporting ill-conceived legislation that will harm the livelihood of large numbers of people across the country employed by small to mid-sized businesses.
2. ICMAD challenges the drafters and proponents of HR 5786 to disclose their information and studies for a full and legitimate scientific review.
ICMAD challenges the proponents to produce any and all scientific information that supports their top ten issues/concerns and we propose that their information be reviewed by an independent scientific body such as the Society of Toxicology to see if such claims for harm or safety would be substantiated through a peer review process and further to determine safe limits for any ingredients of concern.
3. Safe Determinations have been made on certain key ingredients of concern by the FDA, other international regulators and scientific bodies
FDA – Tested twenty lipsticks bought at retail made by thirteen different manufacturers and found lead levels all within acceptable levels (between 0.09 and 3 Parts Per Million). This is less than found in some processed chocolate, certain vegetables and consistent with low levels found in naturally sourced drinking water. (Click here for more information)
Health Canada – Twenty-one of 26 samples tested at Health Canada’s product safety laboratories contained lead levels of 0.079 to 0.84 Parts Per Million. One lipstick sample had 6.3 Parts Per Million, while the remainder contained no detectable levels of lead at all. (Click here for more information)
Formaldehyde is an anhydrous gas, and as such cannot be incorporated in a cosmetic formulation. Therefore formaldehyde gas has never been added as an ingredient to cosmetic products.
Titanium Dioxide is the most commonly found white pigment and is used in paint, paper, food, drugs, and cosmetics and has never been associated with a health risk to consumers. Titanium Dioxide can pose a potential risk only when inhaled as a micro-fine dust during manufacturing. When blended into a cosmetic cream or lotion the particles are suspended, so there is no risk of inhalation. Pigment grade (cosmetic white) used in color products contains no particles small enough to cause a concern even in powder products.
Organic and Natural Ingredients:
While the terms natural and organic are frequently associated with healthy lifestyle trends, these ingredients may contain trace contaminants depending upon their source and species. While generally considered totally safe, even organic/natural ingredients (like food) may contain trace substances that are well understood and well tolerated.
4. The proposed requirements in HR 5786 will have a disproportionate impact on small to mid-sized cosmetics companies without improving the safety of our products
There will be a huge increase in direct costs for both testing and labeling as well as new costs and fees associated with the mandatory registration of all manufacturing and distribution facilities, raw materials and formulas. Use of animal testing would also likely increase. Additionally, indirect costs would increase, including such costs as the administration of the registration program, implementation of Good Manufacturing Practices, technical documentation and record keeping, new label design and expanded testing programs. Increases in packaging, labeling and documentation would have a negative environmental impact. These increased costs could drive smaller companies out of business without improving consumer safety.
If you have questions about any of these Talking Points or the legislation please contact the ICMAD office. We want to keep you fully engaged in this process and look forward to your continued support.