Policy and Legislation
Most people assume cosmetics and personal care products are tested for safety before they are sold. In truth, personal care and beauty products are one of the least regulated industries in the United States. On September 26, 2018, Congresswoman Jan Schakowsky (D-IL) introduced the Safe Cosmetics and Personal Care Products Act of 2018 (H.R. 6903). The bill seeks to reform an $84 billion industry that is currently regulated by approximately two pages of federal law that has only been updated once in the past 80 years.
Rep. Schakowsky’s bill, the Safe Cosmetics and Personal Care Products Act of 2018, is the only federal cosmetic safety bill that calls for full fragrance ingredient disclosure to consumers and salon workers. The bill also requires supply chain transparency and industry data sharing to address the lack of safety data available for fragrance ingredients.
Given the lack of federally mandated fragrance ingredient disclosure, consumers are looking to the states to fill the void. In response to interest from state advocates and legislators, Breast Cancer Prevention Partners drafted model state legislation to require fragrance ingredient disclosure for cosmetic and personal care products.
Our model legislation:
- Defines a “cosmetic” product to include personal hygiene and personal care products like shampoo, body lotion, toothpaste, etc. — which is consistent with federal law.
- Requires any cosmetic product offered for retail sale within the state to disclose on the manufacturer’s Internet website:
- A full list of ingredients in the product, including fragrance, flavors and color additives, in order of predominance, except those ingredients present at a concentration of less than 1 percent may be listed in any order (to allow manufacturers to mask the specific “recipe” or formula of the fragrance).
- The Chemical Abstract Service (CAS) number for each ingredient.
- Clarifies that manufacturers are NOT required to list the concentration of the ingredient.
- Provides for a fine for a violation of the law, with an increased fine if the violation is not corrected within six months.
In 2016, three states (VT, RI and MN) used this model bill to draft and introduce legislation requiring fragrance ingredient disclosure in cosmetics and personal care products. The bills didn’t pass, but a number of states have expressed interest in introducing similar bills in the 2017 state legislative sessions to build momentum for federally mandated fragrance ingredient disclosure.
If you are interested in supporting the introduction of fragrance ingredient disclosure legislation in your state, contact us.