From the President – Update – Colorado Safe Personal Care Products Act

Whether you live and operate a business in the state of Colorado or not you need to pay attention to The Colorado Safe Personal Care Products Act, HB10-1248.  Read the full bill here.

The main “intent” of the bill is to ban all ingredients known to be carcinogens or reproductive toxins in the state of Colorado and allow consumers to sue manufacturers that violate this with $5,000 – $10,000 fees.

The main problem with this bill, as written, is that it is very vague and confusing.  I have been consulting with leaders in our industry all week as well as many small soap and cosmetics manufacturers.  Even with all these minds put together we are having trouble decifering the nuances of this bill.  It raises too many questions, for example:

  • How will this “list” of banned ingredients be created, maintained and updated and by whom?
  • The bill mentions “authoritative bodies” or “formally organized groups” as the source for these banned ingredients.  What criterion will be used to deem whether or not a “group” is an acceptable source?  Here is the specific language from the bill:

(1) “AUTHORITATIVE BODY” MEANS THE FOLLOWING AGENCIES OR
3 FORMALLY ORGANIZED PROGRAMS OR GROUPS RECOGNIZED AS
4 AUTHORITATIVE FOR PURPOSES OF IDENTIFYING CHEMICALS THAT CAUSE
5 CANCER OR REPRODUCTIVE TOXICITY:
6 (a) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,
7 OR ITS SUCCESSOR AGENCY;
8 (b) THE UNITED STATES FOOD AND DRUG ADMINISTRATION, OR ITS
9 SUCCESSOR ENTITY;
10 (c) THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
11 HEALTH, OR ITS SUCCESSOR ENTITY;
12 (d) THE NATIONAL TOXICOLOGY PROGRAM, OR ITS SUCCESSOR
13 PROGRAM; AND
14 (e) THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER, OR
15 ITS SUCCESSOR AGENCY.

  • The bill opens the door for fraud and abuse of the court system, allowing the consumer to sue manufacturers for $5,000 – $10,000 fees.
  • The bill isn’t clear on whether it will only regulate manufacturers of cosmetics in the state of Colorado or will it also regulate manufacturers outside the state that sell in Colorado.  The specific language in the bill is here:

11 (3) (a) “MANUFACTURER” MEANS ANY PERSON WHOSE NAME
12 APPEARS ON THE LABEL OF A PERSONAL CARE PRODUCT PURSUANT TO THE
13 REQUIREMENTS OF 21 CFR 701.12.
14 (b) “MANUFACTURER” DOES NOT INCLUDE A RETAILER THAT SELLS
15 PERSONAL CARE PRODUCTS AT RETAIL TO CONSUMERS UNLESS THE
16 RETAILER IS ALSO THE MANUFACTURER OF THE PERSONAL CARE PRODUCT.

HB10-1248 is being sponsored by The Women’s Lobby of Colorado in conjunction with The Campaign for Safe Cosmetics.  The Women’s Lobby holds meetings at the Colorado Education Association at the corners of Colfax & Grant (1500 Grant Street) from 12:00 – 1:15 with lunch included.  Here are the upcoming dates:

  • March 3rd
  • March 17th
  • March 31st
  • April 14th
  • April 28th

There will be a hearing specifically for HB10-1248 on Monday, March 1st, held by the House Judiciary in rm 0107 in the basement of the Capitol Building.

We will post a letter later today that you can personalize and send to the representatives in Colorado opposing this bill for both residents and non-residents of Colorado.

If you have any questions please do not hesitate to email me: President@Soapguild.org

Leigh O’Donnell

HSMG President

Important Legislative Update – From the President

Activities in Washington DC are back on the radar. Last week, I went to Washington DC on a fact-finding mission with Donna Maria Coles Johnson of The Indie Beauty Network and Lela Barker of Bella Lucce (IBN Member and cosmetics manufacturer based in South Carolina). We spoke with key people to try to determine current climate regarding cosmetics legislation at the federal level.

First let me say, the HSMG is opposed to cosmetics legislation both at the federal and state levels that does not provide an exemption for small business.

The HSMG supports any efforts to maintain and improve consumer product safety, but is definitely opposed to unneeded legislation that will burden our small business industry sector.

Over two days, we met and spent hours talking with The Personal Care Products Council, the FDA and staffers for four members of the House Energy and Commerce Committee. The discussions were lengthy and detailed and there was an excellent exchange of information.

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