Nail Care Likely To Face Scrutiny Under California Reg

With the release of the first formal draft of California’s Safer Consumer Products Regulation, firms need to begin taking inventory of their raw materials, identifying substances that could be deemed “chemicals of concern” and working with suppliers and other companies to gather human safety and environmental data, according to PCPC Associate General Counsel Tom Myers.

The Personal Care Products Council says cosmetics firms – and nail-care companies in particular – should start anticipating regulatory changes under California’s Safer Consumer Products Regulation, released in its first formal draft July 27.

In an Aug. 2 interview, the Council’s Associate General Counsel Tom Myers said that while the trade group will continue to fight for key changes in the regulation, firms should “start thinking about compliance.”

“I don’t think there is any way that these regulations are going to be stopped,” he said. He noted that the regulation has had support since Gov. Arnold Schwarzenegger signed legislation into law in 2008 under the state’s Green Chemistry Initiative to reduce exposure to toxic chemicals by swapping them out with green alternatives.

“They’re going to be final almost without question this year,” he said. Given that likely reality, firms need to begin taking inventory of their raw materials, identifying substances that could be deemed “chemicals of concern” and working with suppliers and other companies to gather human safety and environmental data in advance so they are prepared if California’s Department of Toxic Substances Control flags one of their products.

Small and midsize companies should “try to work in a consortium and try to beef up your environmental expertise,” Myers said.

Independent Cosmetics Manufacturers and Distributers’ Government Relations Committee Chairman and Venable, LLP regulatory and intellectual property attorney Sharon Blinkoff also urged manufacturers and marketers to watch the development of the proposed regulations very carefully. “Compliance may well require burdensome analysis and reformulation,” she noted in an Aug. 2 email.

Comments on the draft regulation are being accepted through Sept. 11.

The Safer Consumer Products Regulation directs California’s DTSC to create a list of global chemicals of concern, which will then be used to establish regulatory priorities and target potentially hazardous products (Also see "California Green Chemistry Reg Revision Narrows “Concern” List" - HBW Insight, 6 Aug, 2012.).

Manufacturers of such products will then be expected to “examine the viability of safer ingredients” or take measures to ensure that the product is safely used, disposed of or phased out.

Industry experts speculate that personal care as a product category that will likely take priority under the regulation.

Myers predicted that nail polish “will probably be one of the first priority products on the list.”

He cited a study released by the DTSC that tested 12 nail products claiming to be free of one or more ingredients of the so-called “toxic trio” – toluene, dibutyl phthalate and formaldehyde – and found that 10 actually contained detectable levels of the substances. The toxic trio has been linked to birth defects, asthma and “other chronic conditions,” according to the department (Also see "Mislabeled Nail Polishes Warrant Increased Regulation – California DTSC" - HBW Insight, 16 Apr, 2012.).

“It was a really poorly done survey,” Myers said. “They basically found a couple of real outlier manufacturers of nail polish, these really small companies, product that had been on the shelves for like nine years.”

The attorney noted that most personal-care companies have eliminated toluene, dibutyl phthalate and formaldehyde from their formulas.

Nevertheless, the study is being used to champion the Safer Consumer Products Regulation. In the DTSC’s July 27 release touting the draft regulation’s launch, it references the nail-polish study as evidence “that highly toxic ingredients still end up in products even when they are advertised as toxic-free.”

A crackdown on ingredients in nail products could also be a priority due to momentum behind oversight to ensure the safety of salon workers.

In January 2012, under the authority of its 2005 Safe Cosmetics Act, California fined Brazilian Blowout parent company [GIB LLC] and required measures to warn salon workers and consumers about the hazards associated with formaldehyde exposure in the use of heated hair-smoothing products (Also see "California AG Slaps Brazilian Blowout With Fees, “CAUTION” Labels" - HBW Insight, 6 Feb, 2012.).

On July 25-26, the National Healthy Nail and Beauty Salon Alliance and the Campaign for Safe Cosmetics organized days of action to help salon workers “expose the ugly side of beauty industry to lawmakers.” Workers met with 15 legislative offices on Capitol Hill to share personal stories of the negative health impacts suffered as a result of working with salon products containing toxic chemicals (Also see "NGOs Step Up Lobbying For Safe Cosmetics Act, Salon Worker Protections" - HBW Insight, 6 Aug, 2012.).

“A growing body of scientific evidence indicates there is reason for concern regarding chemicals found in salon products,” say the groups in a related release, asserting that “beauticians and hairdressers are likely to have significant exposure to solvents that are linked to birth defects,” based on 2009 research appearing in Occupational & Environmental Medicine.

The groups also cite a 2009 study in The Annals of Occupational Hygiene suggesting that nail salon workers show higher levels of dibutyl phthalate, a reproductive and developmental toxicant, than the general population due to their handling of products containing the ingredient.

The Professional Beauty Association and Nail Manufacturers Council feel that nail products and their manufacturers have taken some undue heat of late.

“The beauty industry generally, and the nail segment in particular, historically have been among the leaders in product innovation and looking for cleaner, safer and better alternative ingredients,” remarked Eric Schwartz, chief operating officer at OPI Products Inc. and co-chair of NMC, in an Aug. 2 email.

Myers agreed. “Nail-polish companies are among the most progressive. ... They constantly are looking to get out of [ingredients] before they even become problematic. Even if there’s a hint, they’re constantly refining their formulas,” he said.

While they support the broad goals and purposes of green chemistry, PBA and NMC are working with a broad industry coalition which includes ICMAD, PCPC, Direct Selling Association and International Fragrance Association North America to address what they see as “troubling aspects” of California’s Safer Consumer Products Regulation with state authorities.

PCPC and OPI, along with BASF, Johnson & Johnson and Procter & Gamble Co. also are members of the Green Chemistry Alliance, which supports the establishment of a science-based framework for chemicals management in California.

In the group’s review of the proposed regulation, GCA will focus on whether DTSC has “addressed the key issues and taken into consideration the broader impacts on consumers and California’s economy,” including “endangering jobs or placing new burdens on consumers,” according to a July 27 release.

Previous drafts lacked a clear selection process, notes GCA, leaving manufacturers and investors with no way to know if the products they are considering for development would be considered “safe” by the time they are ready for market.

“California’s still-struggling economy simply cannot afford the introduction of new disincentives to investment,” the group says.

Chemical-Light Nail Options

Pioneering nail-care brands have been working toward natural formulations, and many were on display at Cosmoprof North America in Las Vegas July 22-24.

Dashing Diva Professional introduced ColorFX at the show, promoting a “new, gentler way to do color” with the long-wear benefits of gel polish and without “the harsh acetone removal process,” according to a July 12 release.

The polish is marketed as a “healthier alternative” to gel polish because of its removal process. The polish is “gently” lifted away with a wooden stick dipped in non-acetone remover, as opposed to the traditional gel polish removal method involving an acetone soak, Marketing Director Anna Lee explained in a July 23 interview.

ColorFX boasts up to two weeks of wear, even color coverage, no streaks and 48 “stunning shades” including Divine Intervention, Not a Soccer Mom and Drama Mama.

Orly International Communications Manager John Galea told “The Rose Sheet” that his firm’s products have been free of toxic chemicals for years, and was the first to eliminate toluene, DBP, formaldehyde and formaldehyde resin – dubbed “four free” – from its formulas.

At Cosmoprof, the firm promoted its vegan SpaRituals brand, a water-based line housed in eco-friendly packaging. In lieu of guanine, an additive made from fish scales and skin mixed with solvents and often used in bronze, silver and gold tones, mica is used to generate shine in the polishes, Galea said.

In July 2012, the brand introduced Fluent Lacquer Removal Cloths, formulated with a blend of sugar-derived solvents to remove nail polish and Italian mandarin essential oil to condition and moisturize nails.

Tucked in Cosmoprof’s Discover Beauty section for new products, water-based brand Aquarella attracted attendees with its “safe, non-toxic and odorless” formulation. The products are “so safe, you could drink it,” technical liaison Mark Deason said on July 23.

Aquarella’s nail polish formula has no formaldehyde, phthalates or petrochemical solvents of any kind, according to the Tucson, Ariz.-based firm. Similarly, Aquarella Remover’s plant-based formula is free of acetone, methyl acetate and petrochemical solvents.

Deason admits that the road to creating the firm’s water-based technology has been long and complicated, noting that “if it was easy, the big boys would be doing it.”

However, consumers may be slow to adopt water-based brands because of the lengthy time it takes for them to dry.

While most conventional nail polishes boast drying times of a couple of minutes, Aquarella is dry to “touch” in 3 minutes and to “use” in 20 minutes.

For a full and complete dry, Deason recommends polishing nails before bed and letting them “cure” for four to six hours.