WASHINGTON, DC - Energy and Commerce Committee Republican Leader Greg Walden (R-OR) remarks at a Subcommittee on Health hearing titled, “Building Consumer Confidence by Empowering FDA to Improve Cosmetic Safety."
As Prepared for Delivery
Today’s hearing is an opportunity to hear from the Food and Drug Administration (FDA), as well as interested stakeholders, about what actions are currently being taken, and whether more needs to be done, to ensure the safety of cosmetics and personal care products.
Personal care products, a $488 billion global industry, includes hundreds of products from make-up to deodorant, shampoo, and shaving cream - products that both men and women use every day. Personal care products are regulated either as cosmetics or over the counter drugs depending on whether the products change the structure or function of the body.
Federal regulation of cosmetics balances the low risk nature of these products and ensuring their safety. Apart from color additives, the FDA does not require premarket approval of the chemicals used in cosmetic products. However, FDA does have regulatory authority to prohibit or restrict the use of ingredients if there are safety concerns.
FDA also has the authority to take certain enforcement actions-such as seizures, injunctions, and criminal penalties-against adulterated or misbranded cosmetic products. FDA may also conduct inspections of cosmetic manufacturers and prohibit imports of cosmetics that violate the Federal Food, Drug, and Cosmetic Act (FFDCA).
In addition to these authorities, FDA also regulates cosmetics labeling under the Fair Packaging and Labeling Act. This law requires that ingredients and warning statements, among other information, must be included in the labeling. There are also labeling restrictions, such as a prohibition on therapeutic claims or statements claiming a product is “FDA Approved".
While there are no mandatory reporting requirements under current law, FDA does maintain a Voluntary Cosmetics Registration Program. These voluntary submissions provide FDA with information about cosmetic products and ingredients, their frequency of use, and businesses engaged in manufacturing. The information collected through this database is also used to inform the Cosmetic Ingredient Review (CIR), an independent, industry-funded panel of scientific experts whose purpose is to review certain ingredients and determine if there is a reasonable certainty that the ingredient is safe under its conditions of use.
Ensuring consumer safety is a priority for this committee and FDA. We should strive to enact legislation that provides the agency with the tools necessary to protect the public health, while being careful not to overregulate an industry that has generally posed relatively minimal risk to human health.
I know getting this policy right is a top priority for the Chairman and I appreciate his efforts and commitment to reaching a bipartisan consensus on cosmetics legislation, but I believe additional work remains.
I am concerned that significant regulatory burden, while manageable for larger and more established manufacturers, could threaten the existence of small businesses, who have fewer resources to expend on regulatory compliance, and the ability for new entrepreneurs to enter the market.
As we will hear later today, legislation to regulate the cosmetics industry will not only impact large companies whose products we see on drug store shelves or advertised on television, but also individuals back at home who are simply trying to bring in a little extra income to support their families. An individual who makes handcrafted soap out of their home to sell at the local farmer’s market may not warrant the same regulatory requirements as larger companies.
Additionally, some states have passed or are considering legislation that would restrict or dictate which ingredients can be in cosmetics products which if continued, will lead to an unworkable patchwork of differing product requirements. If FDA determines, after a thorough scientific-based review, that an ingredient is safe, states should not be able to decide otherwise and impose additional requirements or restrictions on such ingredient. To provide FDA with new authorities and the ability to make determinations on ingredient safety, while allowing states to continue to impose new requirements would not only undermine federal legislation, but it could also put FDA’s determinations in dispute and lead to consumer confusion.
Currently, both bills being considered today lack strong national standard language, I hope to continue to work with the Chairman to find a path forward on this issue.
Finally, I want to note that while we do have some industry representation on the witness panel today, we will unfortunately not have the opportunity to hear the full range of industry perspectives. I think it is critical that we hear from the full spectrum of affected stakeholders when considering legislation that will impose expansive regulation and user fees on industry. I trust that the Chairman will continue to engage with these groups as discussions on legislation move forward.
Thank you, I yield back.
