It just figures that our government would wait to release the full text of the newly proposed HR 2359 Safe Cosmetics Act 2011 until a National Holiday like the 4th of July. I think they believe we were all too wrapped up in grilling our hot dogs and burgers, and watching fireworks to care about something as insignificant as a teeny, tiny bill that could ultimately wipe out our entrepreneurial businesses.
For anyone who hasn’t been following this issue, allow me to summarize.
The FDA regulates food and cosmetics. They are charged with enforcing the Food and Drug Act, a set of regulations that prohibit the use of toxic chemicals, specify labeling standards and ingredient disclosure, and provide a reporting and notification procedure should unsafe products be suspected. Adequate funding and a few revisions would allow the current law to be effective.
However, someone wants more money and less competition, and would rather create new legislation. Simply throw in a few carrots for small business, such as exemption from fees and certain registration requirements, hide the entire smothering, suffocating, job-killing monster full of regulation and fees under the friendly sounding title “The Safe Cosmetics Act,” and you’d think they’ve got this thing in the bag.
In the current Go Green atmosphere of the 21st century, public support for anything natural sounding is easy to come by. Who wouldn’t want to support a bill called “The Safe Cosmetics Act,” especially when so many people believe that cancer causing toxic chemicals are allowed in our cosmetics? This anti-toxic-filth movement has been perpetuated by powerful lobbying groups. They’ve worked hard to help build and sustain an atmosphere of distrust of the cosmetic industry, creating cute animated YouTube videos that sound convincing, make unsubstantiated claims, and quote bad science to induce a panic among all of us. They suggest that toxic chemicals aren’t regulated, that lead is “put” into lipstick by uncaring manufacturers, and that the products we all use daily are responsible for surging cancer rates. Consumers, who often know little about real chemistry or science, believe this, and jump on the bandwagon supporting bad legislation that profits no one but the lobbying groups, and ultimately hurts consumers.
How do these groups (we all know who they are) profit from this legislation? First, the proposed legislation gives them carte blanche to file claims against businesses should they have “ANY reason whatsoever” to believe a product is misbranded. This gives them a ridiculous amount of power, as far as wiping small businesses out of the arena. Second, they could profit tremendously by ensuring that their database, and their bad science become the go-to source in deciding which chemicals will and will not be permitted in products should this bill pass.
Let’s learn a bit about these groups, shall we? One of the groups, created and manages an online database of chemicals and cosmetics, which allows users to identify the supposed health hazards of the ingredients found in their cosmetics. It assigns hazard ratings to each, and looks quite scientific and well-founded, but has been publicly attacked for being anything but. The other group is actually an off-shoot of the first, and produces cutesy YouTube videos about hot button issues, garnering support for their causes, using scare tactics, broad generalizations and bad science to encourage the public to believe things that just aren’t true. Did I mention that both are huge political lobbying groups? Do you think now, that perhaps there’s something in it for them if a Safe Cosmetics Act can be passed into law?
Last year, HR 5786 The Safe Cosmetics Act 2010, was introduced, but was ultimately defeated due to its lack of exemptions for small cosmetic businesses. EWG and CSFC spent millions trying to rally support for it, but thankfully, indie businesses prevailed. Through an aggressive anti-Safe Cosmetics Act campaign, small cosmetic businesses were able to squelch the bill.
Unfortunately, a newly updated version of the bill was introduced in Congress on June 24, 2011, and we find ourselves defending why we are against The Safe Cosmetics Act, once again. This time, it’s HR2359, named, not surprisingly at all, The Safe Cosmetics Act 2011. Not very original, but effective, since of course, no one in their right mind would want to be anti-Safe Cosmetics, right? Before the bill’s text was even available to read, people had chosen sides. I withheld my decision until I could see what changes had been made.
The last time around, Indie’s were upset that there weren’t exemptions for small businesses. Well, in all fairness, this time around we got what we wanted, at least as far as that one issue is concerned. There IS an exemption for small business, BUT it only exempts us from registration and fee requirements. There are still disclosure requirements that will essentially require our products to be tested in order to discover minute amounts of “contaminants” in the formulations.
There are reporting standards that only allow for a 24 hour window of action. Better keep those business lines open on weekends! This will practically create the need for us to keep lawyers on hand 24 hours a day, in order to defend against unwarranted claims and supposed failure to act.
We will be required not only to keep toxic chemicals out of our products, a requirement already mandated by the FDA, but we will also be required to not use products which might be determined to be unsafe down the road. This would require us to have an omnipotent knowledge of these things.
Another important point, is that should a product be determined or even thought to be unsafe, anyone who has used the product will be notified. This will require a record of each and every person you have sold your product to. For those of us who participate in craft fairs, this will be a nightmarish record keeping task. “Please provide complete contact information, mam, so that I can notify you if the ingredients in my product are ever suspected of being a health hazard.” Can you imagine keeping track of thousands and thousands of customers? For what length of time? Indefinitely? Even tax records are only required for a 7-year span…
Then there are huge perception problems that will be created with passage of this bill. Small companies, who, lucky for us will be exempt from all the registration mandates (yay for us!!!), could be perceived as being “unregulated,” and therefore unsafe (hey- that’s not fair!). After all, no one is watching what we’re putting in our natural-ingredient-laden, untested products, right? Large corporations could use that as an easy advertising campaign against the small businesses that have actually been making the most natural, unadultered and safe products all along.
How about those of us who private label? Because of mandated transparency provisions in the bill, you would have to disclose your complete supply chain. Everyone will now have potential access to the same product you once thought was your “Signature Blend.”
Finally, do you really think being exempted from fees is going to save you money? Nope. Larger corporations, who supply your suppliers, think Cargill, will certainly fall under the umbrella of regulation, and wind up paying huge fees. How does this effect you? The cost of your supplies will go up, as these corporations attempt to minimize the impact of the new fees on their bottom line.
As I have learned from reading, re-reading, and dissecting the new bill, small businesses aren’t really exempt at all. We’re put in the unfortunate position of having giant red and white striped targets strapped to our backs, paying more for supplies, and having to keep file cabinets full of, most likely, useless information. And why? Because someone wants to make some money.
Please help us defeat HR2359. We want to keep making the safe, natural products you’ve come to trust and that your skin craves. With simple updates to current listings of unapproved chemicals, and appropriate funding to allow enforcement, the current FDA act adequately protects the public from adulterated, unsafe products.
You Can Help by Signing the Petition to Stop HR2359.
