PCPC’s Principles for Federal Cosmetics Reform

Cosmetics and personal care products sold in the United States are regulated by the FDA under the Federal Food, Drug, and Cosmetic (FD&C) Act of 1938. Cosmetics have an excellent safety record because the FDA and the beauty industry continuously strive to ensure safety. However, because the key statutory provisions authorizing the FDA regulation of these products have not been updated since the law was first enacted, PCPC supports modernizing the FD&C Act to ensure that the FDA has the appropriate authority and resources to regulate cosmetic products in the 21st Century.

Despite a very strong safety record, a comprehensive national program is needed to assure uniform regulation of cosmetics throughout the country, in order to prevent an unworkable patchwork of differing state requirements across the nation. It is critical that federal regulation gives consumers confidence in the safety of their cosmetics products wherever they are sold.

PCPC has been working for many years with leaders in Congress on a bipartisan basis. Several proposals have emerged and been filed as legislation. As part of our ongoing commitment toward modernization, PCPC and our member companies support the following principles to guide bipartisan legislative action, many of which mirror protections applied to other FDA-regulated products.

National Program Uniformity: Preempt state and local laws that would duplicate new authorities in the FDA regulation of cosmetics; preempt state and local laws for all cosmetic ingredients based on human health concerns if the FDA has reviewed the ingredient’s safety or has been presented with a safety review of the ingredient by the Expert Panel for Cosmetic Ingredient Safety and, after a period for the FDA review, has not rejected the Expert Panel’s safety finding.

Mandatory Registration: Establish mandatory foreign and domestic manufacturing establishment registration and ingredient reporting by manufacturers for all cosmetic products sold in the United States

Adverse Event Reporting: Require mandatory reporting by manufacturers to the FDA of serious and unexpected adverse health events experienced by a consumer from a cosmetic product marketed and used in the United States

Good Manufacturing Practices: Authorize the FDA to issue Good Manufacturing Practices for cosmetic products

Mandatory Recall: Provide the FDA authority to order a mandatory recall of a product if a manufacturer refuses to comply with a FDA request for a voluntary recall in which the FDA has a reasonable belief that the product is adulterated or otherwise is likely to cause serious adverse health consequences

FDA Cosmetic Ingredient Review: Create a FDA program authorized to review the safety of individual cosmetic ingredients and nonfunctional constituents found in cosmetics in a timely manner and utilizing widely accepted scientific principles such as those reflected in the scientific reviews by the Expert Panel and other scientifically based organizations

Cosmetic Records Inspection: Allow the FDA to inspect a manufacturer’s records if the FDA has a reasonable belief that a cosmetic product presents a threat of serious adverse health consequences to humans

Safety Substantiation: Require manufacturers to substantiate the safety of cosmetic products and ingredients, utilizing widely accepted scientific principles and established scientific ingredient reviews such as the Expert Panel’s Cosmetic Ingredient Review. Manufacturers may choose which FDA-accepted data to use.

Special Provisions for Small Businesses: Allow flexibility for small businesses, as defined by the Small Business Administration, to comply with certain requirements, including additional time to submit ingredient statements to the FDA, simplified ingredient statements, additional FDA guidance on safety substantiation, and extended effective date for GMP compliance. Very small cosmetic manufacturers (those making less than $2 million in gross receipts annually in the U.S.) would be entirely exempted from any new requirements.

OTC and Cosmetic Regulation: Clarify that when a product falls under the FDA’s cosmetic and over-the-counter (OTC) drug authorities, and the requirements conflict, the OTC drug requirements will apply. Members can click here to access the OTC Reform Webinar Recording.

Alternatives to Animal Testing: Encourage FDA approval of alternatives to animal testing

Importation: Bar importation of cosmetics produced outside the U.S. where the manufacturing facility or ingredient statement has not been registered with the FDA