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The Safe Cosmetics Act of 2010

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There has been a LOT of talk on the soap, cosmetics and toiletry blogs lately about the Safe Cosmetics Bill of 2010. A lot! I can see why people are interested in it; we all want to be able to trust the products that we put on our bodies on a daily basis. That's probably the #1 reason that people start making their own soap in the first place - they want a more natural soap solution that's kinder to their skin than traditional soaps...and now, many of us are small business owners who manufacture soap and cosmetics. However, as I've said in many conversations on ingredients like soap making base oils and essential oils, just because something is natural does it mean it's safe to use on our skin. And just because something is synthetic, does it mean it's bad for us.

The biggest problem with this bill is the regulations it will put on small cosmetics businesses - which many of you soap makers may be the owners of. These small business owners are imaging a business climate where a regulatory agency will require you to report annual sales figures, names of all your suppliers, and the details of all of your recipes and formulations. This information will then become public information!

Robert Tisserand recently posted an excellent overview of the Act and the problems it may pose for small and mid-sized cosmetics manufacturers. You can read his blog post here...

One of the loudest arguments in the debate has come from a video called "The Story of Cosmetics" - a seemingly innocuous video full of scary things about the products we use. It presents cosmetics and toiletry products as full of carcinogens and toxins - that we must be protected from! Thank goodness that a rebuttal/critique video has come along to give another voice to the debate. I'm presenting both videos here. Take a few minutes to watch them...with an open mind. There are a number of links to other blog posts below that have more information as well. After you view the videos, please take a moment to give us your thoughts about "The Story of Cosmetics", "The Safe Cosmetics Act of 2010" and how you feel about the products you use and or make - either as a consumer or as a small business person.

Current Status

Reps. Jan Schakowsky (D-Ill.), Ed Markey (D-Mass.) and Tammy Baldwin (D-Wisc.) have introduced the Safe Cosmetics Act of 2010 (H.R.5786). The bill wants to give the FDA the authority to regulate ingredients used in personal care products, toiletries, cosmetics and makeup - purportedly with the goal of creating tighter reigns on the usage of toxic ingredients and the concerning carcinogens that are "commonly used in cosmetics." The bill creates a number of fees, reporting requirements and regulations on the entire cosmetics industry.

Initial reactions to the bill

From Donna Maria Coles Johnson's Indie Business Blog:
"I have published dozens of posts about FDA Globalization Act of 2008 and FDA Globalization Act of 2009 in the Advocacy Category at this blog. If you make and sell cosmetics and you are not yet up to speed on the history of this bill, please read those posts from oldest to newest so you are armed with the information you need to lead your business during this time. I know you’re busy, so if you only have time for a few posts, please start with this one and this one. Here are the reasons why IBN opposes SCA. If you have already read and signed the Petition, then you can skip this. I’m duplicating it here so this blog contains the full context of our opposition as it stands today.

More from Donna Maria, that especially applies to us home-based or small soap and cosmetic manufacturers: "CFSC’s proposed legislation is apparently poised to ensure that every company in your community is closed — yes, maybe even the ones making a few thousand dollars a year making quarter-ounce tubes of lip balm with olive oil, vegetable wax and lavender essential oil. Companies making products will high proportions of ingredients sourced in your own local area will be forced to close down. You won’t see them at farmer’s markets anymore, and you won’t see them at your favorite boutiques. You won’t see them on the FaceBook or on their blogs."

Current Status:
Jul 20th Referred to House Education and Labor
Jul 20th Referred to House Energy and Commerce
Jul 20th Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Background

Leigh O’Donnell, President of the Handcrafted Soapmakers Guild, posted this information to help explain How the Safe Cosmetics Bill of 2010 affects soap makers directly.

From Kayla Fioravanti's Essential U Blog:
"The Campaign for Safe Cosmetics (CFSC) has been masquerading as David in the David and Goliath epic story. They have acted as though they are up against big business and government...the perfectly timed release of their video The Story of Cosmetics in conjunction with introduction into Congress of the Safe Cosmetics Act of 2010 revealed that in fact the Campaign for Safe Cosmetics is Goliath and the cosmetic industry (especially the small business portion) is in reality David.

If only the small businesses in the cosmetic industry had the star power, political clout and government in their back pocket like the Campaign for Safe Cosmetics and their cohorts The Environmental Working Group (EWG), Tides Foundation and Free Range Studios. Their video The Story of Cosmetics (link purposefully not included) accuses the cosmetic industry of directing the government; however today it is clear that the non-governmental organizations (NGO’s) CFSC and the EWG are actually the puppeteers directing the government."

My friend Rachel Lane of Barcelona Bath & Body, a successful soap and cosmetics manufacturer, sums it up well in her blog: "We’re all consumers of the “cosmetics” industry. If you use soap, deodorant, lip balm, shampoo, toothpaste, lotion, bubble bath, shower gel or a myriad of other daily-use personal care items, you’re a consumer of the “cosmetics” industry. It’s a big umbrella that covers many products we enjoy safely in this country with a wide range of choices at every pricepoint. The effect of the proposed legislation on the end consumer (that’s you) would be higher prices, fewer natural ingredients, fewer product choices, labels that are more difficult to understand and less money flowing into your local economy."

Here's another perspective on the bill from Susan Svec of Susan's Soaps & More.
"I make safe cosmetics and believe in safe cosmetics. Creating cosmetics that are natural and safe for my skin is why I created my company, Susan’s Soaps & More 10 years ago. So why do I feel attacked by the introduction of the Safe Cosmetics Act of 2010?

Maybe it’s because it would most likely put small cosmetics companies like myself out of business. Or perhaps it’s because instead of allowing more natural ingredients into cosmetics, it would instead restrict or eliminate them. Or could it be that it would require privately held companies to not only disclose their gross income but also all of their vendors and suppliers. Maybe, it has to do with the requirement of companies that have over 1 Mil in revenues being required to pay an open-ended amount of fees to subsidize all this extra work that will be created for the FDA. Even though Susan’s Soaps & More won’t have to directly pay the fees as we are waaay under that 1 Mil benchmark many of our suppliers will, resulting in increased materials costs and the need for higher prices." ... read more...

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