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PCPC Denies Backing Out of FDA Talks

The U.S. Food and Drug Administration and the Personal Care Products Council are in talks regarding cosmetics regulations.

A spokesman for the Personal Care Products Council on Thursday denied reports that the PCPC has backed out of talks with the U.S. Food and Drug Administration regarding cosmetics regulations.

This story first appeared in the October 25, 2013 issue of WWD.  Subscribe Today.

“Our industry is committed to continue working in good faith with FDA to build consensus to achieve our shared objectives and support the agency’s mission to protect public health through effective oversight,” said Mark Pollak, senior executive vice president of the PCPC, of a story that appeared in The Wall Street Journal on Thursday.

A meeting with PCPC’s executive board, scheduled for Oct. 2, was canceled in advance of the government shutdown but will be rescheduled soon, Pollak noted. According to sources, the FDA has provided PCPC with an updated draft proposal, which PCPC is reviewing.

A spokeswoman for the FDA had not responded by press time.

The reports stemmed from a letter exchange between Margaret A. Hamburg, commissioner of the FDA, and PCPC chairman E. Scott Beattie. In a strongly worded three-page letter to Beattie dated Sept. 26, Hamburg expressed her “disappointment that PCPC appears unable to proceed toward legislation on the basis of the framework agreement that the FDA reached with PCPC and the Independent Cosmetics Manufacturers and Distributors Association over the summer.” Included in the agreement were provisions allowing the FDA to institute a mandatory registration and listing system, recall “dangerous cosmetics products” if the companies producing them declined to do so and institute “regulatory fees” of $20.2 million yearly.

In a letter dated Sept. 30, Beattie reiterated PCPC’s commitment to work with the FDA. “We appreciate the opportunity to work with the FDA, as we have done over the last nine months, and we remain committed to the agency’s mission to protect public health through effective oversight. I have the full commitment of our board to continue our work with the agency and with Congress on an agreement.”

At PCPC’s annual meeting in February, Lezlee Westine, president and chief executive officer, named modernized government policies as a high priority for the organization. She also highlighted the industry’s continued support for legislation that would strengthen and enhance regulatory oversight of cosmetics by the FDA, rather than individual states.

Federal regulations for cosmetics have not been changed since the Food, Drug and Cosmetics Act was passed in 1938.