The Senate Committee on Health, Education, Labor, and Pensions (HELP) recently took up the Personal Care Product Safety Act (PCPSA) and released draft language for proposed legislation, a pinnacle in cosmetic policy progress as this marks the farthest personal care reform has reaching in congress in 80 years! The original version of the bill introduced by Senators Diane Feinstein and Susan Collins, consisted of language that evolved over five years to include small and large beauty business interest. The intention for compromise was to get a passable bill that both protects the consumer and brings companies both small and large to the table.
Compromised language in the original Feinstein/Collins bill was omitted in the initial HELP draft released three weeks ago. The period for public comment ends tomorrow, March 15th 2018 at COB. I encourage business owners, consumers, health advocates, industry tastemakers and influencers to read my comment on the draft below, and compose a simple message reiterating the same points to the HELP committee before the end of tomorrow.
Please reach out to me if you have questions.
This is a very important period of the policy changes we want to see. Should enough comments be submitted, it is our hope HELP leadership will take the points into consideration and reinstate the important protections PCPSA highlighted into the official HELP version of the bill that will be voted on in the Senate.
Ms. Ashley Prange, CEO & Founder
Au Naturale Cosmetics
1263 Main Street
Green Bay, WI 54302
U.S. Senate Committee on Health, Education, Labor and Pensions
428 Senate Dirksen Office Building
Washington, DC 20510
Dear HELP Committee Members and Staff:
Thank You for the opportunity to publicly comment on the committee’s recent draft legislation on cosmetics reform. As a small business owner in the world of natural color cosmetics, I have been dedicated to supporting this government action. I believe the present regulatory landscape needs updating to adequately protect the consumer and the businesses that try to navigate the increasingly confusing regulatory space of the personal care industry.
We at Au Naturale Cosmetics are proud of the HELP Committee for taking on cosmetic regulatory reform and producing the first draft legislation concerning cosmetics in 80 years. However we are equally concerned the the draft omits key language from the original legislation championed by Senators Diane Feinstein and Susan Collins.
The safety of the consumer is a duty and passion of those who work at Au Naturale Cosmetics; thus the consumer protections in the original Personal Care Product Safety Act (PCPSA) were of great importance. We ask that cosmetic chemicals are safe for consumers, including children, by applying the “reasonable certainty of no harm” safety standard -- the same safety standard that has been applied to food chemicals, color chemicals, and pesticide residues.
We would like to empower the FDA with the tools and financial resources needed to assess and, if warranted, restrict a cosmetic chemical (or class of chemicals) to ensure safety. The coalition of businesses supporting PCPSA upholds the user fee structure to assist with funding the FDA in their efforts to protect consumers. I understand that some members of the Senate do not believe in user fees, but I want to highlight that cosmetic companies both large and small have widely agreed to the user fee system, and ask that it be reinstated in future HELP committee drafts of this proposed legislation.
In order to properly protect the consumer, I believe it is essential to provide FDA with data about chemical use so they can estimate chemical exposure. Not only is the data essential to the FDA for complete understanding of health risks, but the scientific body that reviews the chemicals in question should remain independent and autonomous from private industry, working for the safety of the consumer and remaining outside of the realm of manipulation.
Compliance in upholding new FDA cosmetics standards is necessary to achieve measurable results. I I I would like to see the FDA initiate at least ten chemical safety reviews within the next five years, and associate specific benchmarks to each review so that the consumer understands that their government is working stringently to protect them in a space that is widely unregulated.
Compliance for cosmetic manufacturers is also of great importance to both protect the consumer and give FDA a complete understanding of process. Requirements I would like to see cosmetics manufacturers responsible for include: submitting ingredients statements including chemical use data, affirm the safety of their products through registration, adopt mandatory Good Manufacturing Practices (GMPs) to reduce the risk of compromised product, report (in a timely fashion) both serious and non serious adverse events, and FDA access to safety records.
I look forward to working with the HELP committee in realizing these goals in future draft legislation, and congratulate the committee in their efforts to bring the cosmetic industry into modernity.
With Great Thanks,
Founder & CEO, Au Naturale Cosmetics