By  on June 26, 2011

WASHINGTON — The Personal Care Product Council has expressed misgivings about a cosmetics safety bill that was unveiled Friday by Rep. Jan Schakowsky (D-Il.), Rep. Ed Markey (D-MA) and Rep. Tammy Baldwin (D-WI).

“We are still reviewing the provisions of Rep. Schakowsky’s new bill, but we are very concerned that, as written, it contains provisions that will place unnecessary burdens on [the U.S. Food and Drug Administration] and businesses of  all sizes and may compromise jobs without providing meaningful benefits to consumers,”

Lezlee Westine, president and chief executive officer of industry trade group, said in a statement over the weekend.

According to a draft copy of the bill and commentary on Rep. Schakowsky’s Web site, the legislation would update the U.S. Food, Drug and Cosmetic Act of 1938 by mandating more stringent practices in ingredient labeling — including for fragrances — safety testing and disclosure and manufacturing practices. The labeling measure also would include nano particles. The FDA would have the power to prohibit unsafe ingredients and demand recalls of misbranded or unsafe products. According to the website, cosmetics companies would be required to register with FDA and pay a fee based on annual sales. Small businesses, generating less than $2 million in sales, would be exempt from registration, and those doing less $10 million a year would not have to pay a registration fee.

PCPC asserted, “Strong federal safety requirements already govern cosmetics and personal care products sold in the U.S. The safety of cosmetic and personal care products in the U.S. is overseen by the [FDA] under the Federal Food, Drug, and Cosmetic Act, which requires that all cosmetics be substantiated for safety before they are marketed, contain no prohibited ingredients, and that all labeling and packaging be in compliance with U.S. regulations. Under the FD&C Act it is a crime to market an unsafe cosmetic product.

The PCPC stated that the organization has been working to enhance Food and Drug Administration oversight and “give the agency the information and flexibility it needs to continue to ensure consumer safety and safeguard public health. Last July, our industry was the first to propose such legislation, which would also provide the business certainty companies need to continue to innovate, grow and create new manufacturing jobs in the U.S.”

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