The FDA's legal authority over cosmetics is different from other products regulated by the agency, such as drugs, biologics, and medical devices. Cosmetic products and ingredients are not subject to FDA premarket approval authority, with the exception of color additives. However, FDA may pursue enforcement action against violative products, or against firms or individuals who violate the law.  

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State Level Efforts for Smarter Laws

Because at this time, federal oversight of the cosmetics industry is virtually non-existent, some states are taking their own action to limit toxic chemicals in cosmetics.

CALIFORNIA:
In the state of California health, labor, business, women's, consumer, youth and environmental organizations have joined forces to pass strong new protections on the safety of our personal care products.

In October 2006, Governor Schwarzenegger signed SB 484, which would require companies to report ingredients linked to cancer, into law. The law had been approved by the full Assembly with bi-partisan support and a final vote count of 43-35. This bill faced tough opposition from major cosmetics companies including Mary Kay, Avon, Estee Lauder, L'Oreal, Neutrogena, Proctor and Gamble and Johnson and Johnson. Many thanks to everyone who wrote or called in to help make this new law to protect our health a reality!

The Campaign for Safe Cosmetics celebrates the victory of the California Safe Cosmetics bill—the nation's first state law on chemicals in cosmetics. Companies will now have to notify the state when they use chemicals linked to cancer and birth defects.

For more information read the press release »

For additional information on action in California, email Luis Cabrales, California Organizer, The National Environmental Trust.

MASSACHUSETTS
The federal government does not protect consumers from toxic chemicals used in many personal care products, cosmetics, home pesticides, and PVC children’s toys. Governor Patrick has the power to protect our health from these hazards. Write a letter asking him to issue the Safe Alternatives Executive Order calling for regulation of toxic chemicals in cosmetics, using existing state law to replace toxic chemicals with safer alternatives. Ask him to mobilize the powers of state government to protect our health from toxic chemicals! 

For additional information on action in Massachusetts, email Erin Boles,  Massachusetts Breast Cancer Coalition or call (617) 376-6222.