WASHINGTON — Legislation has been introduced that would require stricter labeling requirements of cosmetics and personal care products and give the Food and Drug Administration recall authority for products that are misbranded, adulterated or otherwise fail to meet safety standards.
Rep. Jan Schakowsky, D-Ill.; Rep. Ed Markey, D-Mass.; and Rep. Tammy Baldwin, D-Wis., introduced the Safe Cosmetics Act of 2011. The legislation was introduced in the 111th Congress — this year's bill includes changes designed to ease any potential burdens on small cosmetic manufacturers and clarify the intent of the bill.
"The health risks caused by harmful chemicals, such as formaldehyde, in cosmetic products demonstrate the pressing need to see that the products we use are safe. The Safe Cosmetics Act is critical to ensuring that personal care products do not compromise the health of workers and consumers," Baldwin said.
Key provisions in the Safe Cosmetics Act of 2011 include:
Post Market Testing: Requires the secretary of the Department of Health and Human Services to conduct annual random sample tests for pathogens or contaminants in cosmetic products;
Registration of cosmetic companies and registration fees: Cosmetics companies would be required to register with the FDA and pay a registration fee based on annual gross receipts or sales. Small businesses with less than $2 million in revenues from cosmetics would be exempt from registration; businesses with less than $10 million in revenues from cosmetics would be exempt from registration fees.
Cosmetic and ingredient testing and safety: The FDA would establish a list of ingredients prohibited from being used in cosmetics. This includes carcinogens and reproductive and developmental toxins;
Market restrictions: Provides the FDA with recall authority for products that are misbranded, adulterated or otherwise fail to meet the safety standard. The FDA will be able to request a voluntary recall or order the ceasing of distribution of any such cosmetic product;
Mandatory reporting of adverse health effects: Cosmetic manufacturers, packagers and distributors would have to provide the FDA with reports of adverse health effects associated with the use of a cosmetic;
Worker issues: Requires companies that manufacture cosmetics for salon use to provide information on any health hazards linked with those cosmetics; and
States sights: States may set more stringent standards.