Senate Health Committee Releases Cosmetics Reform Discussion Draft
This article was originally published in The Rose Sheet
Executive SummaryThe committee's discussion draft of cosmetics reform legislation combines elements of the proposed Personal Care Products Safety Act and FDA Cosmetic Safety and Modernization Act, but most closely aligns with the former. NGOs likely will be pleased; small businesses, perhaps not so much.
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The agency issued a safety alert March 5 advising consumers to avoid three makeup products sold – at least previously – in Claire’s stores, which cater to girls and young women. The situation throws into relief the limitations of the current regulatory framework for cosmetics, which FDA is committed to modernizing while exploring steps to improve oversight using existing tools.
Despite repeated stakeholder assertions of being “closer than ever” to modernizing cosmetics regulations, the 115th Congress ended with reform legislation stranded in committee. The Personal Care Products says midterm elections diverted lawmakers’ attention from unresolved issues, likely including possible preemption terms to put a lid on growing state and local requirements.
Proposed regulatory reform legislation in the Senate would require FDA to review the safety of cosmetics ingredients, taking into account evaluations conducted by accredited third parties. In August, FDA requested quotes from the contractor community for developing a cosmetic hazard and risk assessment protocol and optional certification program “to show compliance with the protocol.”