Bill Would Create New Cosmetic Safety, Reporting Requirements
On June 24, 2011, Representative Schakowsky (D)1 introduced the Safe Cosmetics Act of 2011 (H.R. 2359) to require stricter labeling requirements and give the Food and Drug Administration the ability to order recalls of dangerous products.
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According to Schakowsky’s press release, key provisions in the bill include:
- Cosmetic company registration and fees -- would require cosmetics companies to register with FDA and pay a registration fee based on annual gross receipts or sales. (Certain smaller businesses would be exempted.)
- Ingredient, component labels on cosmetics -- would require the label on each package of cosmetics to list the name of each ingredient. (This would include the components of a fragrances and preservatives.)
- List of prohibited ingredients -- would require FDA to establish a list of ingredients prohibited from being used in cosmetics.
- Recall authority -- would provide the FDA with recall authority for products that are misbranded, adulterated, or otherwise fail to meet the safety standard. The FDA would be able to request a voluntary recall or order distribution of any such cosmetic product to be ceased.
- Mandatory reporting of adverse health effects -- would require cosmetic manufacturers, packagers, and distributors to provide the FDA with reports of adverse health effects associated with the use of a cosmetic.
- Random sample tests of cosmetics -- would require the Secretary of HHS to conduct annual random sample tests for pathogens or contaminants in cosmetic products.
- States would be able to set more stringent standards - States would be able to set more stringent standards.
(Similar legislation (H.R. 5786) was introduced, but not passed, in the 111th Congress. See ITT’s Online Archives or 09/09/10 news, 10090924, for BP summary of H.R. 5786.)
1Co-sponsors for H.R. 2359 are Representatives Markey (D) and Baldwin (D).
Press release available here