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It’s high time these rules are revisited. Not only have thousands of new chemicals entered the market in the past several decades, there is overwhelming evidence that the public is unnecessarily exposed to health hazards from consumer products. In 2013, the American College of Obstetricians and Gynecologists issued a report that found “robust” evidence linking “toxic environmental agents”—which includes consumer products—to “adverse reproductive and developmental health outcomes.”
Formaldehyde is a good example. It is a known carcinogen used as a preservative to kill or inhibit the growth of microorganisms in a wide range of personal care products, from cosmetics, soaps, shampoos and lotions to deodorants, nail polishes and hair gels. It is also used in pressed-wood products, permanent-press fabrics, paper product coatings and insulation, and as a fungicide, germicide, disinfectant and preservative. The general public is also exposed to formaldehyde through automobile tailpipe emissions. Formaldehyde has been linked to spontaneous abortion and low birth weight.
While the main concern about formaldehyde exposure centers around industrial use (e.g., industrial workers, embalmers and salon workers), the Cosmetic Ingredient Review, an independent panel of experts that determines the safety of individual chemical compounds as they are used in cosmetics, recommends that for health and safety reasons cosmetics should not contain formaldehyde at amounts greater than 0.2 percent. It’s a small amount, but the problem is that the U.S. Food and Drug Administration (FDA) doesn’t regulate the use of formaldehyde in cosmetics (except for nail polish), and companies aren’t required by law follow the Cosmetic Ingredient Review’s recommendations.
Empowering FDA to Protect Consumers
Senators Dianne Feinstein (D-CA) and Susan Collins (R-ME) are trying to bridge this gap in federal oversight. Last month, they introduced the Personal Care Products Safety Act (S. 1014), a bill that seeks to protect consumers from toxins found in personal care products by strengthening the authority of the FDA, which oversees the cosmetics industry, to regulate the ingredients in those products.
Specifically, by making significant revisions to the cosmetics chapter of the Federal Food, Drug and Cosmetic Act (FFDCA), the bill would require the FDA to review chemicals used in personal care products and provide clear guidance on their safety. In addition, S.1014 would require cosmetic manufacturing facilities to register with the FDA, require brand owners to submit ingredient statements every year, require the FDA to assess the safety of cosmetic ingredients at a minimum of five ingredients per year and give the FDA the authority to recall certain personal care products that threaten consumer safety.
“From shampoo to lotion, the use of personal care products is widespread, however, there are very few protections in place to ensure their safety,” said Sen. Feinstein. “Europe has a robust system, which includes consumer protections like product registration and ingredient reviews. In addition, the legislation has broad support from companies and consumer groups alike.”
The first set of chemicals that would be reviewed under S. 1014 includes:
- Diazolidinyl urea (used in deodorant, shampoo, conditioner, bubble bath and lotion)
- Lead acetate (used as a color additive in hair dyes)
- Methylene glycol/formaldehyde (used in hair treatments)
- Propylparaben (used in shampoo, conditioner and lotion)
- Quaternium-15 (used in shampoo, shaving cream, skin cream and cleanser)
Several non-profit environmental and public health advocacy groups have supported the proposed legislation, including Environmental Working Group, Society for Women’s Health Research, National Alliance for Hispanic Health and HealthyWomen. The bill, which involved discussions with the FDA as well as the personal care products industry, is also supported by numerous companies, including Johnson & Johnson, Procter & Gamble, Revlon, Estee Lauder, Unilever and L’Oreal. Sen. Collins said that for manufacturers, the bill provides “regulatory certainty … enabling them to plan for the future.”
“While we believe our products are the safest category that FDA regulates, we also believe well-crafted, science-based reforms will enhance industry’s ability to innovate and further strengthen consumer confidence in the products they trust and use every day,” said the Personal Care Products Council, a national trade association for the cosmetic and personal care products industry, in a statement. “The current patchwork regulatory approach with varying state bills does not achieve this goal.”
Overhauling the Toxic Substances Control Act
Like the FDA, the EPA is similarly toothless when it comes to protecting the public from dangerous chemicals. Though it has the power to investigate some consumer chemicals through the Toxic Substances Control Act, the agency can act only if a chemical poses an “unreasonable risk” to public health—and that is difficult to prove. Since the TSCA was passed in 1976, the EPA has only tested around 200 of the 84,000 chemicals on the market. The law hasn’t undergone any substantial update since it was enacted.