FDA Moves To Dismiss NGOs’ Hair-Smoother Lawsuit, Says Safety Review Is Nearly Complete
This article was originally published in The Rose Sheet
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.
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On the surface, FDA appears at this point to have answered EWG's 2011 petition seeking investigative and rulemaking action related to formaldehyde-releasing hair smoothers. It may be that EWG just doesn't like the answer and has run out of administrative and legal options, but the group is persisting with an amended complaint filed May 15 in federal court.
Eliminating any trace of 1,4-dioxane from personal-care products may be an impossibility, but a pair of US senators believe companies should be required to use manufacturing techniques that can minimize the contaminant’s presence. The Environmental Working Group is following up on their citizen petition to FDA by surveying companies whose products may contain the suspected carcinogen in trace amounts.
Going into the Cosmetic Ingredient Review Expert Panel’s review of boilerplate language for aerosols, Women’s Voices for the Earth raised concerns about aerosol particle sizes and the potential for respiratory harm from inhalation. Panel members agreed that the NGO presented some valid points and said they plan to look into updates.