“Safer Beauty” Bill Package Targets PFAS, Phthalates, Formaldehyde, and Other Common Chemicals in Cosmetics

A bunch of Democratic representatives led by Rep. Jan Schakowsky (D-IL) have launched a “Safer Beauty” invoice package deal that will ban sure chemical compounds in cosmetics and require extra ingredient transparency in the availability chain.  The Safer Magnificence invoice package deal is comprised of 4 separate payments concentrating on sure “chemicals of concern” generally used in cosmetics—together with PFAS, phthalates, and formaldehyde.

Beneath, we briefly summarize the core provisions of every invoice and provide three key takeaways for cosmetics producers, suppliers, and retailers.

The Poisonous-Free Magnificence Act of 2021

The Poisonous-Free Magnificence Act of 2021 (HR 5537) would ban the next chemical compounds in all magnificence and private care merchandise (shopper and skilled):

  • Dibutyl phthalate (DBP)

  • Diethylhexyl phthalate (DEHP)

  • Formaldehyde

  • Paraformaldehyde

  • Methylene glycol

  • Quaternium-15

  • Mercury

  • Isobutylparaben

  • Isopropylparaben

  • m-Phenylenediamine and its salts

  • o-Phenylenediamine and its salts

  • All perfluoroalkyl and polyfluoroalkyl substances (PFAS)

The Poisonous-Free Magnificence Act of 2021 is modeled after almost similar laws just lately enacted in California (September 2020) and Maryland (June 2021).

Three of those chemical compounds (DBP, DEHP, and formaldehyde) are additionally at the moment present process danger analysis by the US Environmental Safety Company (EPA).  Furthermore, PFAS stay a focus of EPA’s regulatory agenda.  Whereas EPA’s regulatory efforts are unlikely to have an effect on cosmetics immediately —the Meals and Drug Administration (FDA) usually has the unique authority to control cosmetics—EPA’s consideration to those chemical compounds could gas assist for the Poisonous-Free Magnificence Act and the opposite payments in the Safer Magnificence package deal.

The Beauty Perfume and Taste Proper to Know Act of 2021

The Beauty Perfume and Taste Proper to Know Act of 2021 (HR 5538), which is basically based mostly on California’s substantially similar and recently enacted law (September 2020), would require producers to reveal the next:

  • On product packaging:

    • Any perfume or flavoring chemical compounds that seem on varied “lists” recognized in the invoice (together with lists of chemical compounds printed by IARC, ATSDR, and EPA); and

    • Any of the 26 fragrances recognized as “allergens” and listed in Annex III the European Union’s EC Regulation 1223/2009.

  • On web sites:

    • All chemical compounds required to look on product packaging as outlined above; and

    • Another deliberately added fragrances or taste components current in the completed product at or above 100 ppm.

The Beauty Provide Chain Transparency Act of 2021

The Beauty Provide Chain Transparency Act of 2021 (HR 5539) would require upstream suppliers of beauty components and supplies to reveal sure data to its purchasers upon request, together with:

  • The id of all components (by title and Chemical Summary Service, or CAS, quantity),

  • Toxicity and security knowledge for every ingredient; and

  • Analytical and contaminant testing experiences.

Notably, the requirement that suppliers present analytical and contaminant testing experiences—to incorporate the testing technique and limits of detection—seems to be aimed, a minimum of in half, on the controversy surrounding talc, which may be contaminated with asbestos and is a standard ingredient in cosmetics.  Lawsuits claiming that talc-containing cosmetics have brought on most cancers—and that firms failed to make use of correct analytical strategies to check for asbestos in the talc—have already generated multi-million (and even multi-billion) greenback verdicts across the nation.

The Beauty Security for Communities of Coloration and Skilled Salon Staff Act

The Beauty Security for Communities of Coloration and Skilled Salon Staff Act (HR 5540) would require:

  • The disclosure of all components on product labels and producer web sites; and

  • The elevated availability—together with translations into a number of languages—of Security Knowledge Sheets (SDS).

The invoice would additionally set up quite a few extra administrative measures that would generate future laws, together with:

  • Authorizing the Secretary of the FDA to request sure chemical security knowledge from different federal companies and acknowledged sources;

  • Requiring the FDA to work with the Workplace of Minority Well being and group stakeholders to determine components adversely affecting salon professionals and communities of shade;

  • An NIEHS grants program designed to analysis “chemicals of concern” in cosmetics focused to be used by communities of shade and salon professionals—together with advertising and marketing strategies for these merchandise—and develop methods for addressing points recognized via this system;

  • An EPA grants program tasked with creating “green” options to be used in merchandise marketed to communities of shade and salon professionals; and

  • An interagency council devoted to sharing knowledge regarding beauty questions of safety affecting communities of shade and salon professionals.

Key Takeaways for Cosmetics Producers and Retailers

All firms concerned in the beauty and private care product provide chain ought to look ahead to the next because the Safer Magnificence invoice package deal strikes via Congress:

  • This may probably be a well-coordinated and high-profile legislative effort. The rollout of the Safer Magnificence payments package deal seems to be a coordinated effort between the payments’ co-sponsors and distinguished consumer-oriented organizations.  Over 120 organizations (together with some beauty firms) introduced their assist even earlier than the package deal was formally launched.  Furthermore, the payments’ co-sponsors could have intentionally chosen to divide the “Safer Beauty” effort into 4 separate payments to extend the probability that a minimum of a number of the payments will cross, quite than presenting an “all-or-nothing” invoice which may be extra prone to be voted down.

  • Client and legislative traits might tip the scales in favor of passage. Along with assist from shopper advocacy teams, the payments can also profit from latest traits.  California and Maryland have just lately enacted considerably comparable legal guidelines, suggesting a rising legislative and constituent urge for food for these points.  And in a July 29, 2021 press briefing to announce the forthcoming laws, the payments’ co-sponsors expressed optimism that they may generate bipartisan assist for the package deal, significantly provided that extra girls are serving in Congress than ever earlier than.

  • Authorized danger related to chemical compounds in cosmetics continues to extend. Even when some or all the payments don’t cross, they mirror heightened shopper consciousness of chemical compounds and a requirement for extra transparency from firms.  Corporations whose provide chains could contain “chemicals of concern” ought to take into account taking steps now to arrange for potential laws, together with creating compliance insurance policies designed to mitigate danger.  For instance, many firms have already got public provider insurance policies prohibiting or in any other case proscribing using sure chemical compounds.  As extra states and the federal authorities flip their consideration to chemical compounds, shopper consciousness and concern over sure chemical compounds will solely enhance.  And as shopper concern grows, so too will further regulatory and litigation danger.


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