Our day begins with the use of personal care or cosmetic products, which are an integral and important part of our 
daily lives. In order to ensure that a standard quality measure are followed while using cosmetics and personal care products, the Food and Drug Administration (FDA) has framed some guidelines as the regulatory authority over the use of personal care products and cosmetics.
Under the law, products like skin moisturizers, perfumes, lipsticks, fingernail polishers, eye and facial makeup preparations, toothpastes etc are regulated. Guidelines that govern the policies and laws for these products have not been updated since 1938. Many new chemicals and ingredients are used now a days and laws need to be updated so that their use can be covered under the law.
The Safe Cosmetics Modernization Act, H.R. 4075, is a legislation focused on bringing changes to the existing cosmetics laws. It was introduced by US Congressman Pete Sessions and is supported by the Independent Cosmetics Manufacturers and Distributors (ICMAD). The Safe Cosmetics Modernization Act attempts to improve and modernize the FDA’s potential in assuring the safety of cosmetics products.
Personal Care Product Safety Act (PCPSA)
At present, the Personal Care product Safety Act has been just introduced into the Senate. There is a long process awaiting prior to it becoming a law. The good news is that the bill has garnered some bipartisan support, which is a very rare situation considering the present political climate.
Some sections that deal with cosmetics are:
- Section 601 of the FD&C Act{21 U.S.C Sec.361}- Adulterated cosmetics
- Section 602 of the FD&C Act{21 U.S.C Sec.362}- Misbranded cosmetics
As per section 601 of the FD&C Act{ 21 U.S.C Sec.361} A cosmetic product is termed adulterated if it bears or contains poisonous substance which is injurious to health of the user. It consists in whole or in part a filthy or decomposed substance or is prepared, packed or held under insanitary condition.
As per section 602 of the FD&C Act{ 21 U.S.C Sec.362} A cosmetic product is termed misbranded if labeling is false or misleading, there is lack of required information, misleading packaging and where there is deficiencies where the poison prevention packaging act requires special packaging.
To learn more about the Proposed New Laws for Personal Care and Cosmetic Products and how it affects your company, attend this webinar by attorney, Kristi A. Davidson, who specializes in representing companies that manufacture, distribute and sell consumer products.
