The household and personal products industry posted a big legal victory a few months ago when the New York State Supreme Court invalidated the Household Cleansing Product Information Disclosure program. The move came after the Household & Commercial Products Association and the American Cleaning Institute filed a lawsuit against the New York State Department of Environmental Conservation. A good win, but New York was back in the news last month, this time on the federal level, with the introduction of the Natural Cosmetics Act by Rep. Sean Patrick Maloney (D-NY). If passed and signed it would define the terms like “natural” and “naturally-derived ingredient.”

“Right now, the FDA doesn’t consider it misbranding for companies to label products as ‘natural,’ even if they contain toxins like coal tar, asbestos, and other harmful chemicals. That’s just not right,” said Maloney. “We’re talking about safety and health of millions of Americans who use these products. My bill will set the standard for ‘natural’ personal care products and do right by American consumers by putting transparency first.”

If passed, cosmetic products sold, labeled, or represented as “natural” would have to contain at least 70% natural substances, excluding water. To maintain accountability, the bill requires suppliers to conduct Carbon-14 testing which must be submitted to manufacturers. The bill would also give the FDA authority to issue a cease distribution order, public notice on the FDA website, and voluntary recall authority of any product deemed misbranded under this Act.


“The Personal Care Products Council and its member companies are firmly committed to establishing clear guidelines for natural and organic cosmetic products and support that further guidance/regulations should be aligned with those of the International Standards Organization (ISO),” said Lisa Powers, EVP-public affairs & communications, Personal Care Products Council. “For several years industry experts, regulators, academics and consumer representatives from around the world have been working to ensure international alignment around natural and organic cosmetics with the important work of ISO, promoting regulatory alignment, in order to maximize consumer protection while minimizing barriers to trade.”
 

Maloney’s bill has been endorsed by some industry players including Aprinnova, BaboBotanicals, Beautycounter, The BeautyWell Project, Biossance, Credo, EO Products, Follain, Ivy Wild, May Lindstrom Skin and NakedPoppy.


To us, the bill is more about a congressman trying to make a name for himself rather than caring about consumer health. Personal care products have been an easy target for legislators for decades.


Representative, now Senator, Ron Wyden (D-OR) got the ball rolling 30 years ago—talk about a lifetime appointment—when he called for more oversight of the cosmetics industry. Today, there are several cosmetic bills sitting in Congress. If Maloney wants legislative action on cosmetics, he should support a bill that’s already been proposed.


Tom Branna
VP/Editorial Director
[email protected]