New legislation?

Any of you hop on Etsy's forums? I was just there and read an interesting post about some upcoming legislation regarding cosmetics.

http://www.etsy.com/forums_thread.php?thread_id=5647424

This is probably not in the right area now as I read further and it is talking mainly about cosmetics (B&. Still! This could have such a huge impact...

As an IBN member, Donna Maria has also started a campaign, but for a lot of used to be lawyers and such, many people are not really understanding the benefits either.

I think the tax is abhorrent. Especially for small business owners. But here's what I posted over there:

While I appreciate the efforts of DM and the passion behind the issues for many people here. I support this initiative down to everything except the fees, which can still be negotiated on the floor.

Many people seem to make the point that "we've policed ourselves". This is not entirely true. You don't hear every day about the woman who's skin was burned from harsh chemicals from an indie supplier. You only hear what the "big guys" have done. I suggest, that when you take this stance, to understand fully what is being done now and can be done under these regulations.

If some crappy wannabe makeup maker (making sure to note, I'm not talking about anyone specific as I don't know any personally), decides to throw in some mica, and some bug killer in a jar - there is no place to turn to when that disfigures the faces of children. Yes, this stupid stuff has happened. I, as a lawyer in practice am studying cases like this all the time. When it comes to court, they don't even have to remember what's in something, why it's in there, or even when they made it. There are thousands of cases in courts over indie product makers who really DID screw someone over and people are very sick, or disfigured from it - and in serious cases a few have died. Things like acids, overuse of simple vitamins, etc. have ALL played a part. In essence, it may seem people have been "self policing" but in reality, no one is policing these that try to rip others off. Hell, even over time, large and small - mercury was a huge component of some beauty products.

So yes, I'm for a regulatory commission of cosmetics.

Additionally - when the "big guys" decide to market a product here, it could be made of ALL synthetic ingredients, have it sold as all natural. Thereby, causing one of two actions. Jumping in on a market that really IS all natural and deceiving people, or other situation - someone hates it and therefore will not try any other mineral makeup (this does happen, people like my mother) both effectively stealing business from truer folks. Regulations would put these marketers in their place. Nothing changes for the average indie producer in this respect if everyone is telling the truth.

So again, yes, I'm for a regulatory commission of cosmetics. I'm not worried about anyone trying to protect my consumers - but then again, I don't try to screw them over or hide anything either.

There are benefits that I feel are purposely being left out of the conversation.

I totally agree on the level of regulations as far as what is going into product. I do not like the idea of the fee! That's going to cut out a big portion of the small businesses that are trying to get their foot even IN the door! I myself, do not have $2000 just laying around.

I realize it may be due in regards to doing that... keeping people out so there is not so much 'policing' on the efforts of the government, but as far as I'm concerned, people should have an equal amount of opportunity to follow their dreams in doing what they love--even if on a smaller scale.

Homemade soap is not considered a cosmetic and therefore is not under this new potential legislation - correct?

Now - if we throw something in our soap and claim it can do this and that - then it would be considered under this legislation - BUT just plain ole' homemade soap wouldn't apply - correct?

netje, you are correct that soap isn't considered a cosmetic (at least for now) and those who make soap wouldn't be affected by this proposed new legislation. However most soapmakers also make other related items, such as lip balm, which would fall under this new ruling if it were to take effect.

That is shocking! If that were to pass... I bet 9 out of 10 businesses would close.

Here's the thing though, most small businesses are truthful, and list properly and all that. This would hurt larger companies but making them advertise and disclose information. It's the fee that'll kill small businesses.

TRUE!

Although.... unlike small businesses, corporations have easy ways of getting around labeling requirements (ie. trade secrets and so on).

I'm sure the larger companies are seeing a decline in business due to the high increase of handmade products in the marketplace. Big business always has a way to squash Mom & Pop!

Speaking of which... I saw that ChinaMart rolled out new kids soaps that look like Ice Cream Bars. I swear they have snipers on CT scoping out new products.

Here's the thing though, most small businesses are truthful, and list properly and all that. This would hurt larger companies but making them advertise and disclose information. It's the fee that'll kill small businesses.

This regulation would would no longer allow them to just put down "trade secrets".

In Europe we cannot legally sell our soaps , b& b products etc without first having our recipes assessed & approved by a registered cosmetic chemist.

Each different type of product needs to have it's own safety assessment so I need one for HP/CP soaps, another for bath bombs, another for creams/lotions etc.

Each assessment can cost over £150 thats around $300, however that assessment is then yours for life & doesn't need to be renewed. Plus if you want to add something to the assessment in the future that costs extra each time.

My first assessment is on it's way tho whether I actually start to sell yet is another thing.

We also have to have our labels printed according to the Trading Standards guidelines for our area & have to list all potential allergens according to lists drawn up by E.U commitees.

This is why we aren't legally allowed to use U.S fragrances in our soaps etc unless we pay for them to be safety assessed, as they generally are not already E.U approved.

To add to this there is now in the pipeline a whole new set of directives for candle makers, including a smoke test, however one has to buy the information booklets before one can find out just what is expected & from what I can make out every individual fragrance, size, style of candle will have to be provided for testing...in triplicate.

It's going to cost thousands & will almost certainly wipe out the small business very quickly indeed.

Although I understand the need to produce safe products I personally think this is bureacracy gone mad!!

Sally.

So, basically - this is going to put small companies or homemakers (that try and make extra money staying home) out of business and the larger companies will continue to prosper.

Surely - there will be some kind of exceptions based on sales per year or # of employees or something.

This is really gonna suck and hurt a lot of honest moms, dads, and small business owners.

What about homemade all natural mosquito repellant. Would that fall under this new legislation?

I don't see how all natural lip balm would fall under this. If it is all natural - why would it?