As any professional knows, industries are always at the whim of political changes; being caught off-guard by a new law can mean serious consequences for a business. A bill introduced in the Senate in April 2015 entitled The Personal Care Products Safety Act (S.1014) has the potential to affect the ways in which cosmetics products are regulated, calling for a change to the Federal Food, Drug, and Cosmetic Act to specifically address product safety. While it has yet to pass, beauticians, cosmetologists, and salon owners around the country benefit from understanding what impacts it may have on future business.
This is everything you need to know about the Personal Care Products Safety Act so that you are prepared in the case that it passes.
Registration of Cosmetic Companies
The bill proposes that companies involved in manufacturing cosmetic products must register with the FDA. Right now, companies can voluntarily register if they want. The bill also suggests that companies with annual revenue of over $500,000 be subject to an annual fee of $250.
This bill would allow the FDA to form an advisory committee specifically charged with verifying the safety of ingredients used in cosmetic products. The committee would be responsible for evaluating five ingredients each year that are recommended for a safety review.
Adverse Events Reporting
This new bill would also require serious adverse events be reported within a 15-day window of the information being received by a company. Adverse events would include death, hospitalization, disability, illness, and other injury and ill effects.
In the case that products are found to have safety concerns, the FDA would be able to request that the manufacturer provides a voluntary recall of these products. If they don’t, the FDA would have the authority to call for a mandatory recall.
The bill would allow the FDA to require labels that classify whether the product is suitable for children or whether it is only for use by professionals. However, it further stipulates that online cosmetics retailers include this information clearly on their listings.
An important component of this bill is that it will help streamline manufacturing practices in the cosmetics industry. This bill proposes specific guidelines that manufacturers would have to follow when creating products.
Federal vs. State
The bill also explicitly notes that it preempts any state legislation relating to ingredient safety, reporting, or other factors considered under the bill. While this won’t affect any existing state laws, it would affect any going forward.
So, should you worry?
The truth is, like most bills this one has a slim chance of ever actually passing. Right now the estimate is that it has about a 2% chance of ever being enacted, so there is no immediate concern. That being said, it’s always best to know what may be coming, so keep an eye on updates, so you aren’t caught by surprise.
Staying up to date on industry changes is always essential, and our cosmetology courses can give you the tools to continue your education and make sure you are never caught off guard.