September 18, 2022 - Washington - Senator Dianne Feinstein (D-Calif.) last Friday called on negotiators of the FDA reauthorization bill to include provisions related to safety reforms for personal care products alongside the FDA user fee program.

“The law meant to protect consumers from harmful chemicals in personal care products– shampoo, deodorant, cosmetics and more – is more than 80 years old. It’s time to update that law, and I call on those negotiating the FDA user fee bill to include provisions to accomplish that in the final bill," Senator Feinstein said. 

“The FDA currently lacks authority to recall products, there are no strict rules for ingredient transparency and manufacturing processes are unregulated. Language was included in the committee-passed FDA user fee bill to fix those problems, and those provisions should be in the final legislation.

“We’ve seen increased reports of cancer, hair loss, skin burns and more, all related to unregulated personal care products. Now is the time to act – we can’t wait any longer. We must give FDA the authority to regulate and recall these products, and the FDA user fee reauthorization bill is the place to do it.”

Provisions that should be included in the FDA user fee bill:

• FDA mandatory recall authority: FDA may recall products likely to cause serious harm when a company refuses to voluntarily cease distribution and recall the product.
• Good manufacturing practices: FDA will issue regulations to outline good manufacturing practices for personal care products.
• New requirements for cosmetic companies: Companies will need to register with FDA, disclose the ingredients they use and attest that they have safety records for their products.
• Adverse health reporting: Companies will need to report serious adverse health events associated with the use of their products.
• Small business flexibility: FDA will provide technical assistance and additional flexibility for smaller companies to comply with law.

More information on the underlying bill that includes these reforms, the Personal Care Products Safety Act, is available here. That bill is supported by a number of industry and consumer groups:

• American Academy of Pediatrics
• American Cancer Society Cancer Action Network
• Association of Maternal & Child Health Programs
• Au Naturale Cosmetics
• Beautycounter
• Burt’s Bees Company
• Endocrine Society
• Environmental Working Group
• Johnson & Johnson (7 brands including Neutrogena, Aveeno, Clean & Clear, Lubriderm, Johnson’s baby products)
• L’Oréal USA (30 brands including L’Oréal Paris, Lancome, Giorgio Armani, Yves Saint Laurent, Kiehl’s, Essie, Garnier, Maybelline-New York, Vichy, La Roche-Posay, Redken)
• March of Dimes
• National Alliance for Hispanic Health
• National Women’s Health Network
• Procter & Gamble (12 brands including Pantene, Head & Shoulders, Herbal Essences, Secret, Ivory, Olay, Aussie, Old Spice)
• Revlon (5 brands including Revlon, American Crew, Elizabeth Arden, Almay, Mitchum)
• The Clorox Company
• The Estee Lauder Companies (over 25 brands including Estée Lauder, Clinique, Origins, MAC, La Mer, Bobbi Brown, Aveda)
• The Handcrafted Soap and Cosmetic Guild
• Unilever (15 brands including Dove, TRESemmé, St. Ives, Love Beauty and Planet, Nexxus, Pond’s, Suave, Vaseline, Degree, Axe, Seventh Generation)
  Source: Senator Dianne Feinstein