Shakeup Looming For Cosmetics Regulation
May 6, 2015
In a client alert, attorneys from Wilson Sonsini Goodrich & Rosati say that FDA regulation, as proposed in a recently introduced bipartisan Senate bill, would be the biggest increase in personal care product regulation in more than 70 years, and they give the bill a good chance of passing. Introduced by Senators Dianne Feinstein (CA-D) and Susan Collins (ME-R), the bill addresses among other things labeling, mandatory adverse affect requirements, and recalls. It also lays out a timetable for ingredient-by-ingredient safety review of cosmetic constituents, something currently not required by the FDA. Registration of facilities would be mandatory for cosmetics distributed in the United States, and there would be a fee for entities with average gross annual sales of greater than $500,000. The millions of dollars in collected fees would go to covering the FDA’s substantial added regulation costs that would result from the bill, which has a wide range of supporters. They include, in addition to a number of consumer groups, the Personal Care Products Council, which is a trade organization that includes industry leaders such as Johnson & Johnson, Proctor & Gamble, Revlon, Unilever and L’Oreal.
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