Cosmetic Regulations Lacking
Recently, there have been several legislative proposals
urging the need for more regulatory authority over cosmetics. Aren’t cosmetics strictly regulated by the
FDA? Turns out the answer is no and that
the cosmetic industry is largely self regulated. Cosmetics are covered by the 1938 Federal
Food, Drug, and Cosmetic Act. The FDA’s
legal authority over cosmetics is very different from other products, such as
food and drugs, which the FDA strictly regulates. Cosmetics aren’t subject to FDA approval
prior to going to market, they aren’t regularly tested by the FDA, the FDA has
no recall authority, and the manufacturers may use almost any ingredient in
them that they believe is safe.
The cosmetic industry is essentially a self regulated
industry. The cosmetic firms themselves
are responsible for the manufacture of safe products. Concerns over self regulation and increasing
concerns over cosmetic health and allergy issues have brought up discussions
for increasing regulatory authority.
Legislation has been passed at the State level to help address the lack
of Federal regulation. The State of California passed the California Safe Cosmetics Act of
2005, Washington State
passed the Children’s Safe Products Act in 2008, and Minnesota passed the Toxic Free Kids Act in
2009. All of these acts specifically
target chemicals of concern in cosmetics.
The real answer is a national standard and the granting of
increased regulations and authority to the FDA.
Federal efforts are now being proposed to do exactly that. The Safe Cosmetics Act of 2011, the Cosmetics
Safety Enhancement Act of 2012, the President’s Proposal for Cosmetics Reform,
and the Cosmetics Safety Amendments Act of 2012 are separate proposals that
increase the FDA’s authority and increase regulation of cosmetics. All of these proposals seem to be struggling
to get out of committee and are unlikely to pass. To find out more about why increased
regulation is important, please look at the following which shows how little
authority the FDA has over cosmetics at:
http:www.fda.gov/Cosmetics/GuidanceComplianceRegulatoryInformation/ucm074162.htm
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