Safe Cosmetics Act of 2011
This year the FDA, which regulates food, drugs, dietary supplements, medical devices, and cosmetics, grapples with implementing the first overhaul to the food production system in 50years. Now the agency may need to brace for more change. Represenatives in Congress have introduced the Safe Cosmetics Act of 2011, which would modernize the Food, Drug and Cosmetic Act. If passed it would be the first change to the way cosmetics are regulated since 1938! Although the word “cosmetics” is used in truth it covers virtually every personal care item manufactured. This affects men, women and children alike.
A similar bill was introduced last year but stalled. Critics believe the problem lie with registration fees placed on small and medium size companies. The legislation this year aims to help small companies avoid heavy fees by eliminating fees altogether for companies making less than $10million. The legislation also exempts businesses making less than $2million from registration. This is a large gap but one that may necessary for passage of the new law. The legislation is a complete revision – spanning rules on safety testing, labeling and disclosure of contaminants. Disclosure is a big component of the law. Historically fragrances and flavors were considered trade secrets and kept off the bottle. If the legislation passes those ingredients will have to be listed. There is also language requiring the FDA to provide guidance on what ingredients are considered contaimants and whether those need to be disclosed.
Contaminants may be the driving force behind the passage of the new legislation. Countless stories highlight the use of dangerous ingredients such as formaldehyde, heavy metals (lead, arsenic) and phthalates in personal care items used by children and adults alike. Just as the public demanded safer food it’s demanding safer cosmetics. Keep an eye out for this legislation to pass before the end of the year!
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