Cosmetic makeover: Associations urge US Congress to modernize “80-year-old” regulation

05 Dec 2022 --- US-based Fragrance Creators Association is applauding congressional efforts to modernize federal cosmetics regulations, which have reportedly not been updated for decades. At the same time, an allied trade letter urging the modernization of cosmetics regulation this year has been published along with a statement by Farah Ahmed, president and CEO at the organization.

“As the year nears an end, Fragrance Creators and our allied trades are again calling on Congress to come to a bipartisan, comprehensive and uniform national framework for cosmetics regulation,” she says.

Ahmed is calling upon the US Senate for action before the end of the year as her request in September – to polish old regulations up to date – does not seem to have had an immediate effect.

“We are proud of our industry’s excellent safety record but also acknowledge that key statutory provisions authorizing the Food and Drug Administration’s (FDA) regulation of personal care products have not been updated in over 80 years,” she stated.

“We recognize the need for an update to ensure that FDA has the appropriate authority and resources it needs.” 

Modernization of cosmetics regulation has been observed in relation to promoting alternatives to animal testing, backed up by advances in science and technology in the 21st Century.Now is the time to update those provisions to create a modern cosmetics regulation framework that advances science, safety, innovation and consumer confidence, says Ahmed.

Earlier this year, the US Senate passed a five-year legislation that reauthorized the FDA to federally-enforce animal testing alternatives, in what the Physicians Committee for Responsible Medicine championed as “a win for animals and consumers.” At the same time, the Senate dropped a “dangerous” provision that would have hindered state laws from banning animal-tested cosmetics.

In addition, the Senate unanimously passed the FDA Modernization Act 2.0, S.5002 on September 29, allowing for alternatives to animal testing for drug and biological product applications.

Industry alliances with the FDA
In Ahmed’s recent statement, she stresses: “Now is the time to update those provisions to create a modern cosmetics regulation framework that advances science, safety, innovation and consumer confidence.”

She asks that leadership consider including cosmetics modernization in any end of year spending bill.

“We applaud Congress’ efforts to modernize federal cosmetics regulations and urge all parties to come to a solution that creates a comprehensive and uniform national framework that advances science, safety, innovation and consumer confidence.”

Ahmed adds that the members look forward to the passing of the legislation this year and to building upon Fragrance Creators’ partnership with the FDA to advance state-of-the-art fragrance safety scientific methods. 

“We will continue working with legislators, including the Congressional Fragrance Caucus, allied trades and all interested stakeholders to achieve our shared goal of modernizing the FDA’s regulatory framework,” she says.

Trade associations including Personal Care Products Council, Independent Beauty Association, Consumer Healthcare Products Association, Handcrafted Soap & Cosmetic Guild, Coalition of Handcrafted Entrepreneurs and Professional Beauty Association are showing full support for the modernization of cosmetics regulation.

Toward the next step
In a joint letter in last month, organizations thanked members of the US Senate and the House of Representatives – Chairs Murray, Richard Burr, Frank Pallone and Cathy McMorris Rodgers.

“We thank you for your work on the Modernization of Cosmetics Regulation Act of 2022. We appreciate your leadership and bipartisan efforts to advance legislation that modernizes cosmetics oversight,” the letter reads.

“Our organizations stand ready to continue to work with you and other stakeholders on a bipartisan, comprehensive and uniform national framework for cosmetics regulation that advances science, safety, innovation and consumer confidence.”

The organizations represent some of the largest and smallest businesses in the industry and urge them to consider modernizing regulations surrounding cosmetics.

“The FDA and the personal care products industry continuously strive to ensure cosmetics safety – beauty and personal care products have an excellent safety record,” the letter further clarifies.

“However, because the key statutory provisions authorizing FDA regulation of these products have not been updated since the enactment of the Federal Food, Drug, and Cosmetic Act of 1938, we support modernizing cosmetics regulation to ensure that FDA has the appropriate authority and resources it needs to oversee our sector for decades to come.”

The organizations highlight that the federal cosmetics reform has been a decade-long effort involving various stakeholders. “We look forward to enactment of bipartisan cosmetics regulatory modernization,” conclude the organizations. 

By Venya Patel