The Independent Cosmetic Manufacturers And Distributors (ICMAD) association has issued a statement in response to the Safe Cosmetics and Personal Care Products Act of 2013 (H.R. 1385) recently introduced by Reps. Edward Markey (D-Mass.) and Jan Schakowsky (D-Ill.). The proposal aims to close “major loopholes in the federal law that allow companies to use ingredients in cosmetics and personal care products known to damage human health and the environment.”

Among other things, key provisions in the bill include (i) cosmetic and ingredient testing and safety, including the establishment of a list of ingredients prohibited from use in cosmetics, such as carcinogens and reproductive and developmental toxins; (ii) “post market testing requir[ing] the Secretary of Health and Human Services to conduct annual random sample tests for pathogens or contaminants in cosmetic products”; (iii) market restrictions that would provide the Food and Drug Administration (FDA) with recall authority for products that are misbranded, adulterated, or otherwise fail to meet safety standards; and (iv) mandatory reporting of adverse health effects requiring cosmetic manufacturers, packagers and distributors to provide FDA with reports of adverse health effects associated with the use of a cosmetic.

“While we agree with Representatives Schakowsky and Markey that certain provisions of the Food, Drug and Cosmetic (FD&C) Act should be modernized to keep pace with evolving science and the growth of the personal care industry,” ICMAD said, “we believe our industry’s approach . . . is practical and science-based. We are working with Members of Congress and the FDA to propose changes to the law that will make meaningful enhancements to cosmetics regulation without overburdening FDA or imposing costly and unnecessary restrictions on American businesses.”

To that end, ICMAD suggests that the following measures would “enhance FDA oversight and and give the agency the information and flexibility it needs to continue to ensure consumer safety and safeguard public health”: (i) enhanced FDA registration requirements, including facility registrations, product ingredient reports and adverse event reports; (ii) a process to set safety levels for trace constituents; (iii) an FDA ingredient review process; (iv) new FDA oversight of cosmetic ingredient review findings; and (v) FDA-issued, industry-wide good manufacturing practices.

ICMAD said that it “will continue to support Congress and FDA in their efforts,” adding that “[its] goal is that an agreement on cosmetics legislation will be reached quickly with FDA and that legislation that enhances FDA’s regulatory authority can be passed on a bipartisan basis.” See ICMAD News Release, April 15, 2013.