Safe Cosmetics Act Bill Reintroduced

Reps. Edward J. Markey (D-MA) and Jan Schakowsky (D-IL) reintroduced the Safe Cosmetics and Personal Care Products Act which, they maintain, closes major loopholes in the federal law that allows companies to use ingredients in cosmetics and personal care products known to damage human health and the environment.

The bill was reintroduced after it died with the conclusion of the 112th Congress on Jan. 3, 2013.

“The last thing you want to worry about first thing in the morning is whether the products that make us and our children clean and comfortable also contain cancer-causing chemicals,” said Rep. Markey. “From diaper cream to deodorant, our medicine cabinets are filled with personal care products that may contain harmful ingredients. This bill will help close the gaping holes in federal law that allow companies to use potentially untested and unsafe ingredients in cosmetic and personal care products. Consumers deserve to have confidence that the products they use every day use will not harm them.”

“The simple truth is that everyday products that women, men, and children use contain ingredients that can cause cancer as well as reproductive and developmental harm,” said Rep. Schakowsky. “Consumers think the Food and Drug Administration is a watchdog preventing harmful ingredients from being in their shampoos, cologne, makeup, deodorants, lotions, and other products, but the truth is, the FDA has little power under current law.This bill will remedy that by giving FDA the authority to create and enforce a safety standard to get harmful toxins out of our products.”



Key provisions in the Safe Cosmetics and Personal Care Products Act of 2013, which has 14 original co-sponsors, include:

• Cosmetic and Ingredient Testing and Safety: FDA would establish a list of ingredients prohibited from being used in cosmetics.This includes carcinogens and reproductive and developmental toxins.

• Post Market Testing: Requires the Secretary of HHS to conduct annual random sample tests for pathogens or contaminants in cosmetic products.

• Registration of Cosmetic Companies and Registration Fees: Cosmetics companies would be required to register with FDA and pay a registration fee based on annual gross receipts or sales.Small businesses with less than $2 million in revenues from cosmetics would be exempt from registration; businesses with less than $10 million in revenues from cosmetics would be exempt from registration fees.

• Market Restrictions: Provides the FDA with recall authority for products that are misbranded, adulterated, or otherwise fail to meet the safety standard and can request a voluntary recall or order the ceasing of distribution of any such cosmetic product.

• Mandatory Reporting of Adverse Health Effects: Cosmetic manufacturers, packagers, and distributors would have to provide the FDA with reports of adverse health effects associated with the use of a cosmetic.

• Worker Issues: Requires companies that manufacture cosmetics for salon use to provide information on any health hazards linked with those cosmetics.

• States Rights: States may set more stringent standards.