Recently, the FDA (U.S. Food and Drug Administration) announced that it was considering legislation to strengthen food, drug and cosmetic safety (see the Draft Discussion here). While I sincerely believe that the FDA and all that testified on behalf of the legislation have the consumers’ best interests at heart, I am deeply concerned about the unintended consequences of this action.
I am so concerned I am heading up the letter writing campaign here in Washington state, where which we will send letters to our congressional representatives voicing our opposition to this legislation. I will have copies of the letters available next week for you to download, print and send, to make it easier for you. August is a great month to pursue your representative as congress is out of session, and the members are usually at home, in their home state.
The FDA Globalization Act of 2008, is designed to impose stringent monitoring, manufacturing and reporting requirements on all products under FDA purview. The “Cosmetics” portion of the bill is actually very small (1/64th of the entire bill) in relation to the “Food” portion. None the less, the implications for small, home based crafters and cosmetic manufacturers, is concerning.
This legislation is coming at a time when cosmetics and personal care consumers have never had more choice, nor have the products they have to choose from ever been more safe. Just look at these quotes from experts:
Pamela Bailey, President of the Personal Care Products Councill (formerly CFTA), stated in her April 12th testimony to the Energy & Commerce Committee, “Cosmetics and Personal Care Products are the safest category regulated by the FDA.”
Additionally, Stephen F. Sundolff of the Center for Food Safety and Applied Nutrition stated, “The FDA’s oversight has ensured that the Nation’s cosmetics are among the safest in the world.”
The experts quoted above believe the system is already working!
Consumer safety is important to me. I am a strong advocate of proper ingredients labeling, best manufacturing practices and education.
This new proposed legislation will do nothing to strengthen the cosmetics industry safety. Rather it will just be a bigger burden which could force MOST small producers out of the market.
The areas in the current discussion framework which I find particularly disturbing are:
• Requirements that you register all of your formulations with the FDA – This rule would add another unnecessary burdensome reporting requirement onto small businesses. Who exactly of the 18 people currently employed by the FDA to oversee Cosmetics is going to look at the formulations? If there were 100,000 (this is a small estimate!) large and small manufacturers, each with 25 formulations … well, that’s a lot of paperwork to go through! Not to mention, the stifling effect such a reporting requirement will have on new product innovation, or even minor improvements made to old products.
• Requirements that you report all “Potential Adverse Reactions” to the FDA – Again, through self-regulation (GRAS list, The Cosmetic Ingredient Review (CIR) and Cosmetic Ingredient Dictionary) there is a comprehensive list of approved (and not approved) ingredients to use. Who is to say what a “potential adverse reaction” might be? I might have an adverse reaction to the soap I just made … if I put it directly in my eye! No one can legislate or know what consumers do with our end products. Why would the government want us to even try? According to the Personal Care Council, every year, out of 11 BILLION personal care products sold, there are less than 150 adverse reactions. That’s a safety factor of .00000000136%. There is no evidence that the current laws and regulations are not working. In fact, the excellent safety record of the Cosmetics Industry proves the contrary.
• Fees, fees and more fees will jeopardize businesses all over America. In uncertain economic times, it is imperative that Americans have choices about how they earn their money. At the minimum, this act would require a registration fee of between $2000 up to $12,000 per year, no exceptions. 95% of small and micro businesses would not be able to bear this burden and have to close their doors immediately.
Just think of how these three points might affect YOUR choices. The time to act is now. This law has many unintended consequences. Rather than strengthening the cosmetics industry, it will force thousands of small producers out of the market. Many of these producers use the income from their small cosmetics business to substitute income from their full time job, and it makes the difference between having a home, or being on the street. And, where there is less choice, there is always a higher price in the end.
If you haven’t yet signed the petition, there is still time. Head to Indie Beauty Network’s site here. Be sure to sign your name, business name if applicable, city and state.
I also urge you to write to your congress representative and tell them you oppose this legislation. Together, we can make a difference!
References:
Kayla Fioravanti from EssentialU’s blog post on her trip to DC

