New Industry Alliance Aims To Drum Up Public Support, Emphasizing Safety

Industry is stepping up efforts to lead the “modernization” of cosmetics legislation with the creation of the Safe Cosmetics Alliance, a coalition of beauty and personal-care stakeholders.

The Alliance comprises a “diverse coalition representing the entire spectrum” of industry, including nail salon workers, small business owners, direct sellers and leading personal-care manufacturers, the group says in a Sept. 21 release.

With the mantra “Sound Science for Safe Products,” members of the alliance include the Independent Cosmetics Manufacturers & Distributors (ICMAD), the Professional Beauty Association (PBA), Direct Selling Association (DSA) and the Personal Care Products Council.

While small business rep ICMAD has joined the Alliance, as well as the Direct Selling Association and the Professional Beauty Association, Indie Beauty Network founder Donna Maria Coles Johnson is leery of “science-based” legislation and what it could mean for companies with limited resources.

In tandem with the announcement, the Alliance has launched SafeCosmeticsAlliance.org, a consumer-friendly site that touts the “impeccable safety record” of industry and illustrates the steps industry has taken to ensure safety of its products.

The site also offers up a petition in support of legislation industry says it is developing with Congress members to “modernize and strengthen” FDA oversight.

The “science-based” legislation has been in the works for more than two years. It is intended to compete with the Safe Cosmetics Act, which was conceived in 2010 and reintroduced this year by Rep. Jan Schakowsky, D-Ill., with continued support from the Campaign for Safe Cosmetics (Also see "Council Proposes "Modernized" FDA Oversight Of Personal-Care Industry" - HBW Insight, 19 Jul, 2010.).

The bill is intended to close “loop holes” in cosmetics law that the Environmental Working Group and other Campaign members believe allow “harmful” chemicals to make their way into finished products.

Industry has maintained that the Safe Cosmetics Act would overextend FDA and place unwarranted demands on industry.

Its own bill would bring oversight up to speed with an evolving personal-care marketplace, making elements of FDA's Voluntary Cosmetics Registration Program mandatory for personal-care firms, establishing good manufacturing practices and increasing FDA's role in evaluating the safety of cosmetic ingredients, industry has suggested.

According to the Alliance, the measure “supports enhanced and streamlined FDA oversight of personal-care products to help keep all your favorite products safe and to continue to provide consumers a wide variety of product choices.”

Steve Sleeper, executive director for the Professional Beauty Association, adds in the release: “It is only prudent that we stay ahead of the curve when it comes to keeping consumers and workers safe.”

To date, no working copy of the legislation has been released; nor has industry indicated who in Congress may be sponsoring such a bill.

John Hurson, executive VP of government relations for the Council, recently told “The Rose Sheet” the trade association is working with House leadership on legislation, looking for a bipartisan introduction (see related brief, p. 16).

In a Sept. 22 statement to “The Rose Sheet,” ICMAD President and CEO Pam Busiek said the legislation continues to be discussed with members of Congress.

“In reality, there have been many pressing issues that have had Congress’s attention, including the debt crisis,” she said, adding: “We will continue to advocate for such a bill.”

On its website, the Alliance emphasizes the importance of carrying through with the bill in a way that “modernizes” cosmetics regulation while maintaining industry’s strong contribution to the U.S. economy.

“The beauty and personal-care industry is one of the most important sectors of the economy,” PBA’s Sleeper states in the Alliance release.

The Alliance notes that combined, its members “represent a major portion of the United States economy – nearly 8.2 million American jobs and almost $189 billion in contributions to the national Gross Domestic Product (GDP) annually.”

Creation of the Alliance is a way for consumers to know the steps industry is taking to ensure the future of the business and the safety of products consumers purchase, the group suggests.

Busiek states: “We want to ensure that we sustain our positive safety record as well as the confidence of our consumers for years to come.”

The Council points out that large and small cosmetic companies alike have earned consumers’ trust over the years. “In this context, the formation of the [SCA] is yet further recognition of our responsibility to maintain that trust,” Council President and CEO Lezlee Westine says.

By signing the Alliance’s online petition, consumers can avow: “I fully support the Alliance's efforts to enhance FDA oversight and give the Agency the information and flexibility it needs to continue to ensure product safety and safeguard my health.”

Mixed Reaction From Small Biz

While many small business owners are part of the Alliance, others are not sure that the newly formed group represents their best interests.

Indie Beauty Network founder and small business representative Donna Maria Coles Johnson posted news about the newly created Alliance on her site (indiebeauty.com), but cautioned her readers from signing the petition until they've thoroughly read it.

“Please don't just sign the petition because it sounds good. Read the site and see what they say – there's not much there right now. Make sure you know the details; don't just sign because it's easy!” she says in a Sept. 21 post.

She expresses some reservations concerning the Alliance's “Sound science for safe products” motto.

“I have been told by several people I have advocated with in the past that there is little to no chance of making progress on behalf of small businesses if we urge mainly science-based legislation,” Coles Johnson says.

An emphasis on scientific-based data to support product safety can be daunting to small companies, which often do not have the budgets to undertake scientific research and/or clinical trials.

She says she is “intrigued” but skeptical about the idea of an organized group that has the “professional and scientific resources” needed to articulate the science clearly and consistently.

“My early conclusions are that they may be advocating some things that still could unnecessarily hurt small businesses – with no corresponding benefit to consumers.”

However, she indicates she is keeping an open mind regarding the Alliance, and suggests that other small business owners do the same.

Busiek, in her statement to “The Rose Sheet,” said that her organization joined SCA because it felt the Alliance provided small businesses with control.

“We understand that small business relies on a predictable regulatory environment, and having a strong regulator in FDA is of paramount importance.

“We believe that our members and those of the [SCA] will benefit from legislation that is based on sound scientific principles and that companies should be able to produce products in an environment that fosters innovation without being cost prohibitive or burdened by unrealistic expectations.”

By Eileen Francis