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Update on HR 2359: Safe Cosmetics Act of 2011


Scented

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I think this is going to put a lot of us out of business ... myself included. I think for anyone thinking it will not affect you ... think again.

This is an article in the latest Saponifier.

Bill Summary

To amend title VI of the Federal Food,

Drug, and Cosmetic Act to ensure the safe use

of cosmetics, and for other purposes.

Primary Sponsor

Rep. Janice Schakowsky [D-IL9]

Status

This bill or resolution was assigned to a

congressional committee on June 24, 2011,

which will consider it before possibly sending

it on to the House or Senate as a whole. It has

been referred to the House Energy and Commerce

committee and the House Education and

the Workforce committee.

The next vote on this bill will occur in the

House of Representatives.

Current Bill Popularity*

67% Support

33% Oppose

Commentary

Those who support H.R. 2359 do so with

the belief that the legislation will:

• Phase-out ingredients linked to cancer, birth

defects and developmental harm;

• Create a health-based safety standard that

includes protections for children, the elderly,

workers and other vulnerable populations;

• Eliminate labeling loopholes by requiring

full ingredient disclosure on product labels

and company websites, including salon

products and the constituent ingredients of

fragrance;

• Provide workers with access to information

about unsafe chemicals in personal care

products;

• Require data-sharing to avoid duplicative

testing and encourage the development of

alternatives to animal testing; and

• Provide adequate funding to the FDA Office

of Cosmetics and Colors so it has the

resources it needs to provide effective

oversight of the cosmetics industry.

Those opposed to H.R. 2359 do so with

the belief that the legislation will:

• Create label confusion by (a) not providing

an exemption for contaminants that occur

naturally in botanicals and (B) generate labels

which are confusing to the consumer due to

a proliferation of components and contaminants

of each ingredient, accompanied by

percentages;

• Cause unnecessary alarm in consumers by

requiring the constituents and contaminants

of all essential oils be listed, creating an

ingredients list which will be impossible to

recognize as a pure essential oil;

• Place an unfair burden on the industry

through duplicate registration of products,

required under Section 619 for both the

manufacturer and the distributor of a

cosmetic, generating an additional expense

at both levels which will be likely passed on

to consumers;

• Open small businesses to undue threat from

negative reporting. Through ambiguous

wording under Sec. 620, any individual who

believes that a cosmetic is adulterated or

misbranded and can present a reasonable

probability that the use or exposure to the

cosmetic or to any ingredient or component

used within will cause a threat of serious

adverse health effects or death has the right

to turn the manufacturer or distributor in to

the Secretary. This allows for any individual

to report a company and places responsibility

upon the company to defend perceived

threats and possible inaccuracies;

• Place insurmountable costs upon small

businesses by requiring the safety testing of

ingredients and finished products;

• Open the industry to chaotic changes as the

vague wording of the legislation allows the

Secretary’s perception of an ingredient to be

enough to issue an order to immediately

cease distribution; and

• Remove all consideration of intellectual

property rights through the industry by

requiring all ingredients be listed along with

inclusion amounts.

* Data provided by Polvox.com

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Funny Rep. Schakowsky was on MSNBC a few weeks ago saying that we need to create jobs??? I guess she doesn't realize that many of us will be out of a job when this bill passes and it will pass because what politician is going to vote against the SAFE Cosmetics Act???

Most people in the B&B business don't even know what is going on. There is no one lobbying for us, there has been no organizations to fight this and parties don't even agree, the Handcrafter Soapmakers Guild supports this bill, so it is total confusion. I want to see how long all these suppliers and organizations will last without our dollars.

Edited by annie123
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Just when I thought I was going to give up on candles and focus on soap/B&B!! Guess I'm going back to my candles now.....(until a politician who is uneducated about candles decides to pass the "Candles Have Flame" Bill & then what politician is going to vote against a bill that sounds legit but could be full of BS?)

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Wow! I am surely not as educated on this as the rest of you seeing I am/was just entering into B&B but I can't help but get pissy that the people making this decision probably haven't the slightest clue of how cautious the majority of small B&B product makers are to make sure they are putting out a safe product not to mention in most cases....a better product.

I won't even get started on the double standard of our country needing small businesses to help the economy and our pocketbooks. To turn around and put such stringent ruling out there that it would be next to impossible to adhere to unless it is a big conglomerate of a company is just wrong.

Edited by jeanie353
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That's why the people on the hill need to hear your displeasure. The bill can't pass as written. AT least it's still in committee, but if your reps don't hear your concerns then they don't know any better. If your competition doesn't know about the bill and won't step in to voice their concerns then no wonder Washington is deaf, dumb and blind. It's up to those who do know to get the word out and not hope someone else will do it.

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That's why the people on the hill need to hear your displeasure. The bill can't pass as written. AT least it's still in committee, but if your reps don't hear your concerns then they don't know any better. If your competition doesn't know about the bill and won't step in to voice their concerns then no wonder Washington is deaf, dumb and blind. It's up to those who do know to get the word out and not hope someone else will do it.

I do have a FB page linked off my blog that has a tad over a thousand followers but has nothing to do with B&B. However, reminding me we all need to speak....I'm thinking why not...I'll head on over in a bit and post about this including the info you put in the OP (if that is ok w/you). If I can get the attention of only a few people it is better than sitting on my hands doing nothing.

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You need to attribute Saponifer magazine for the above post. The initial post is what is in their magazine that just came out. You might also take a look at Kayla's blog at http://l.wbx.me/l/?p=1&instId=accc11e3-92e7-4ecb-9e1d-6188da18722e&token=fa85fde2aefecdb4ed8d38b43e2cf290aafa9fe8000001322020e3d1&u=http%3A%2F%2Fessentialu.typepad.com%2F

She does have quite a few posts there to help understand the law. So do a few others. However, Kayla's blog is a good thing to belong to regardless. She covers quite a bit in it on various things so I would recommend getting on her list.

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I love Kayla's blog, personal care truth is another good one too. The one thing that bugs me in all this is we need a food bill way more urgent than a so called safe cosmetics bill. How many times a week do we hear of some meat being recalled and people dying, but they would rather attack the cosmetic industry instead.

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The % are changing, but people need to continue to be in contact with your legislatures. Apparently things are about to go hog wild throughout several states with Calif. adding more, Mass. is trying to get to bat etc. As far as this bill goes: (copied from Facebook where there is a specific State Cosmetics Law page (and go like it!):

This does not appear to work for state bills, but you can tell congress to oppose HR 2359 Safe Cosmetics Act of 2011 here: https://www.popvox.com/bills/us/112/hr2359 click the link and hit "oppose"

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