Cosmetics trade groups seem intent on reaching consensus in their legislative efforts to update US regulations, but the two proposals thus far in the 115th Congress are identical in most respects to those in the previous session that divided industry along big and small business lines.
Cosmetics Reform Bill Relaunches In Senate, Sending Stakeholders To Familiar Corners
The Personal Care Products Safety Act introduced in the Senate May 11, and the Cosmetic Modernization Amendments Act that launched in the House earlier this year, closely mirror versions that divided big and small business in the last Congress. So while the US political environment may be dramatically changed, the legislative situation for stakeholders seeking updated cosmetics regulations, at the moment, is not.
More from Legislation
The Washington State Department of Ecology publishes ‘Interim Policy on Lead in Cosmetics’ which provides safe harbor options for cosmetic products struggling with the 1ppm limit under the state’s Toxic Free Cosmetics Act, while the department gathers information under a newly opened rulemaking to ‘identify a feasible approach to regulating lead in cosmetic products.’
The Washington Department of Ecology hasn’t backed down on its targeting of formaldehyde-releasing preservatives under the state’s Toxic-Free Cosmetics Act, as industry still awaits a draft final rule. In a recent webinar, attorney Angela Deisch of Amin Wasserman Gurnani, LLP said the department has also not provided clarity on penalties under the law, which goes into effect 1 January.
The FDA's current leader, whose term will end with Donald Trump’s second inauguration, also described three qualities the agency’s next commissioner will need to succeed, including "believing that there is such a thing as expertise."
Whether Democrat Harris or Republican Trump is in White House or which party has majority in either chamber of Congress, the FDA’s conundrum will continue around a regulatory pathway for allowing use of ingredients derived from hemp in supplements.
More from Policy & Regulation
FDA publishes the first proposed rule under the Modernization of Cosmetics Regulation Act – a testing method for detecting asbestos in talc-containing cosmetics.
The Washington State Department of Ecology publishes ‘Interim Policy on Lead in Cosmetics’ which provides safe harbor options for cosmetic products struggling with the 1ppm limit under the state’s Toxic Free Cosmetics Act, while the department gathers information under a newly opened rulemaking to ‘identify a feasible approach to regulating lead in cosmetic products.’
Many small US and independent beauty brands are still unfamiliar with the Modernization of Cosmetics Regulation Act, as are owners of beauty brands based outside the US; the lack of education about the regulation is making many stakeholders at risk for non-compliance.