Most Americans would be astonished to learn that of the approximately 12,500 individual chemical ingredients in personal care products, the overwhelming majority has never been reviewed for safety by any governmental or “publicly accountable body.” It is estimated by the Campaign for Safe Cosmetics that Americans generally use ten personal care products daily—which can expose them to more than 126 “unique” chemicals. More than 500 products sold in the United States utilize ingredients banned in Canada, Europe, and Japan. Hormone disruptors have been found in perfume; chemicals have been identified in umbilical cord blood. Are American consumers being adequately protected?
Rep. Jan Schakowsky (D-IL) doesn’t think so. A long time consumer advocate, Schakowsky is spearheading a move to revamp the obsolete federal law from 1938. She has introduced House Resolution 5786, with current co-sponsors Rep. Ed Markey (D-MA) and Rep. Tammy Baldwin (D-WI).
In 2001, Schakowsky introduced the Safe Notification and Information for Fragrances Act. At that time, she reached out to Janet Nudelman, who serves as both the legislative coordinator for the Campaign for Safe Cosmetics and the Director of Program and Policy for the Breast Cancer Fund. Nudelman outlined how fragrance was only a small part of the larger problem—toxic chemicals throughout the spectrum of cosmetics and personal care products. When I interviewed Nudelman she said, “Rep. Schakowsky looked to the Campaign for Safe Cosmetics as a resource when she was developing her legislation. We helped her identify the key issues that needed to be addressed. The result was the Safe Cosmetics Act of 2010.”
The premise of the Safe Cosmetics Act is to secure legislation that would terminate those loopholes in federal law that currently allows companies to use any ingredients—even those know to have an adverse effect on human health and the environment. Chemicals in products shown to have a link to cancer, birth defects, and learning disabilities would be eliminated.
Statistics show that 80 percent of all personal care products can be tainted with “cancer causing pollutants.” As Schakowsky pointed out, “It’s not just a women’s issue.” In a teleconference about the Resolution, Markey said, “Men just don’t think of themselves in terms of cosmetics.” Yet they are at risk from the unregulated formulations in shaving creams, aftershaves, and deodorants.
Included on the call was actress and cancer activist Fran Drescher, who spoke about her concerns. “The cosmetics industry can no longer be a self-regulating industry,” she opined. A repeated premise was that safety standards had to be uniform. Markey emphasized, “The details are important.”
Included would be big changes for the fragrance industry. Previously shielded by invoking “confidentiality” in the categories of “fragrance, flavor, and color,” they would have to disclose and label their products with the chemicals that are used as preservatives.
Jane Houlihan, Vice President for Research at the Environmental Working Group (EWG), weighed in on the proposed bill commenting, “The legislation would give [the] FDA real authority to ensure that personal care products sold in the United States met a basic standard of safety.” The EWG has put together the “Skin Deep” database with over 60,000 product entries that allows consumers to research the levels of toxicity in the beauty items they use.
Two previous attempts at putting regulations into place in 1973 and 1988 failed. Rep. Markey made clear, “We intend on insuring that cosmetics will no longer fall into a regulatory back hole that winds up hurting people.”
The proposed bill has nine key provisions. They are:
Registration of Cosmetic Companies and Registration Fees: Cosmetics companies would be required to register with the FDA and pay registration fees.
Cosmetic and Ingredient Testing and Safety: The FDA would establish a list of ingredients prohibited from being used in cosmetics. Manufacturers would be required to conduct safety assessments and submit information to the FDA.
Cosmetics and Ingredient Statements: Companies would have to submit ingredient statements for every product they manufacture to the FDA.
Ingredient Labels on Cosmetics: The label on each package of cosmetics would be required to list the name of each ingredient, including the components of fragrance.
Post Market Testing: This requires the Secretary of Health and Human Services to conduct annual random sample tests for pathogens or contaminants in cosmetic products.
Mandatory Reporting of Adverse Health Effects: Cosmetic Manufacturers, packagers, and distributors would have to submit a report to the FDA on any serious adverse events associated with the use of a cosmetic.
Market Restrictions: For products that fail to meet the safety standard, HR 5789 would provide the FDA with recall authority, the ability to request a voluntary recall, or to order a halt to distribution.
Worker Issues: This requires companies that distribute cosmetics for salon use to provide information on health hazards listed by authoritative bodies, or found in scientific studies.
States Rights: This allows states to set more stringent standards.
Part 2 outlines toxins to avoid; resources for safer products; an examination of the differences between supporters and detractors of the legislation.