Cosmetics Industry Loses California Battle; Ingredient Bill Becomes Law

The Cosmetic, Toiletry and Fragrance Association will work with the California Department of Health Services to implement provisions of the California Safe Cosmetics Act, the association says. Despite rigorous opposition by CTFA, among others, Gov. Arnold Schwarzenegger (R) signed the bill into law Oct. 7.

Effective Jan. 1, 2007, manufacturers of cosmetics subject to FDA regulation and sold in California must report to the Department of Health Services use of any chemical known to the state as causing cancer or reproductive toxicity and submit relevant health effects data, studies and additional information as requested.

DHS is responsible for advising companies regarding the schedule and format for submitting ingredient information.

CTFA noted, however, it does not expect guidance from the department until 2006, and anticipates possible delays stemming from three upcoming state elections, which likely will divert attention from the issue.

SB 484, authored Sen. Carol Migden (D-3rd) was introduced in February and amended to include language pertaining to cosmetics in March (¹ (Also see "California Dreaming? Dems Re-Introduce Legislation To Regulate Cosmetics" - HBW Insight, 4 Apr, 2005.), p. 3). In a concession to industry, the legislation was modified over the summer to exempt any manufacturer with aggregate annual sales of cosmetic products less than $1 mil.

In addition to the reporting requirement for manufacturers, under the law, DHS is authorized to investigate cosmetics formulated with chemicals known to the state to be carcinogenic or toxic.

The department can determine whether certain cosmetics have been adequately substantiated for safety; if the product has been adequately substantiated for safety, but contains an ingredient found to be unsafe by the Cosmetic Ingredient Review Expert Panel, the department would refer its findings to the state Attorney General and FDA for possible enforcement action.

The law represents a major victory for consumer advocacy groups like Breast Cancer Action, which have been pursuing state legislation to compensate for what they argue are inadequate federal safety standards. SB 484 was one of a number of measures introduced in the past several years in California seeking to regulate cosmetic ingredients that ultimately died in committee.

Assembly Member Judy Chu (D-49th) sponsored three such bills, one that would have prohibited the use of all potentially carcinogenic ingredients in cosmetics, and two that sought to restrict phthalates (² (Also see "California Health Groups To Sustain Push For Phthalates Ban In Cosmetics" - HBW Insight, 26 Apr, 2004.), p. 5 and ³ (Also see "Proposed Calif. Phthalates Ban Revived; Headed To Senate Floor" - HBW Insight, 5 Jul, 2004.), p. 5). CTFA said the phthalates language will likely reappear in the next legislative session.

Despite earlier failed attempts to pass a measure increasing state oversight of cosmetics, SB 484 gained momentum in the legislature and eventually the support of the governor following a large scale public lobbying effort, according to BCA. In particular, the group cited a campaign by Marin, Calif. teenagers urging Schwarzenegger to sign the bill.

Although consumer advocates maintain the legislation sought only to require straightforward ingredient reporting, CFTA warns the law is "damaging and redundant" and "will do nothing to increase public safety, but will instead cost the state millions and put thousands of California jobs at risk."

"SB 484 requires the Department of Health Services to...construct a system to process information that is currently on product labels and a duplicative review of a citizen petition that was denied by FDA," the association added. That petition, submitted to FDA by the Environmental Working Group, was dismissed by the agency late last month (see ⁴ (Also see "EWG Petition Denied By FDA; Group Seeks Dialogue With CTFA" - HBW Insight, 17 Oct, 2005.)).

EWG sought to persuade FDA to take certain enforcement actions regarding products containing ingredients not substantiated for safety that were not labeled with appropriate warnings.

While groups like BCA and EWG argue FDA is unable to enforce cosmetic ingredient safety, necessitating action at the state level, CTFA counters there are adequate controls in place under the FD&C Act and through the industry's self-regulatory CIR Panel.

"Literally thousands of scientific studies have been done on cosmetics and their ingredients, and we determine that these products - whether used once or over a lifetime - are absolutely safe before they are sold to consumers," CTFA stated.