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EWG Lawsuit Slams FDA’s Failure To Act On ‘Formaldehyde-Laced’ Hair Smoothers

This article was originally published in The Rose Sheet

Executive Summary

The Environmental Working Group seeks decisive FDA action on formaldehyde in heated hair-smoothing products, as requested in its 2011 citizen petition, with a complaint filed in District of Columbia District Court. The suit doubles as a reminder to Congress and consumers that cosmetics regulations are overdue for an update, the NGO says.

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NGOs’ Suit Against FDA Dismissed; No Standing In Formaldehyde Matter, Court Rules

“Injuries to an organization’s government lobbying and issue advocacy programs cannot be used to manufacture standing,” a D.C. district court judge asserts in his ruling against the Environmental Working Group and Women’s Voices for the Earth.

FDA Moves To Dismiss NGOs’ Hair-Smoother Lawsuit, Says Safety Review Is Nearly Complete

Facing a lawsuit from the Environmental Working Group and Women’s Voice for the Earth, FDA responds to EWG’s five-year-old petition asking the agency to review the health risks of heated hair smoothers that contain or release formaldehyde, with a view toward a potential ban. FDA says it is wrapping up its investigation, which could prompt rulemaking on the issue, and moves to dismiss the suit as moot.

FDA Intends To Answer EWG’s Hair-Straightener Petition By End Of March

The agency plans to respond by March 30 to the Environmental Working Group’s 2011 citizen petition requesting regulatory action on hair-straightening products that contain or release formaldehyde. In doing so, it could win dismissal of a related suit filed by the NGO and put marketers on notice about regulatory measures that either are, or are not, coming their way.

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