‘Something’s Going To Happen’: Former FDAer John Bailey On Cosmetics Reform Legislation
This article was originally published in The Rose Sheet
ICMAD leadership agrees with Bailey that, now more than ever before, the pieces are in place for cosmetics reform legislation to reach the finish line. At the same time, the small-business advocate remains opposed to leading proposals, signaling the significant distance that negotiations may still have to go.
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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.
The Safe Cosmetics and Personal Care Products Act would establish a reasonable-certainty-of-no-harm standard for FDA’s review of ingredients and require companies to share their safety information for every product with the agency, which in turn would publish it for public consumption. The bill is highly similar to Schakowsky’s previous reform proposals that divided industry and the NGO community.
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.”