Surprise Hatch Bill Lays Middle Ground For Cosmetic Regulatory Reform
This article was originally published in The Rose Sheet
Senator Orrin Hatch, R-Utah, introduces the FDA Cosmetic Safety and Modernization Act with the Personal Care Products Council's backing. The Environmental Working Group is opposed to the proposal, which falls considerably short of the draft Personal Care Products Safety Act, but the bill could unite big and small business, which were divided in the previous Congress with respect to regulatory reform legislation.
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Limited to no federal preemption is included in cosmetics bills under consideration in the 116th Congress, which means that even if one were to pass in its current form, companies could still be at the mercy of states, typically California, imposing unique bans or restrictions on cosmetic ingredients.
Congressional Races Could Alter Cosmetics Legislative Outlook, Starting With House Energy & Commerce
Recent polling suggests the “blue wave” headed for Congress may not be of the magnitude hyped by some. But if Dems do flip the House as expected, cosmetics reform legislation will go through an Energy & Commerce Committee likely chaired by New Jersey Rep. Frank Pallone, who’s been a highly vocal critic of current cosmetics safety controls.
California is the poster child for regulation in excess of federal requirements, but the biggest challenges it poses to cosmetics companies will be difficult – if not impossible – to resolve via “national uniformity” provisions in legislation before Congress.