Policy & Regulation

Despite questions surrounding the SEC rule, including disputes being litigated in the US Eighth Circuit, companies must prepare to meet the new climate disclosure requirements in addition to related mandates in California and abroad. Experts emphasize opportunities beyond compliance.

Independent and small cosmetic companies may decide to pull their products from the state of Washington due to the 1ppm lead limit imposed by the Toxic-Free Cosmetics Act, says consultant Karen Yarussi, who has managed regulatory affairs for Avon and Burt’s Bees. She cites the cost of testing colorants as a major issue for companies.

California authorities say predominance of retailers licensed to sell hemp are compliant with ban published effective on 3 October through emergency regulation. But hemp industry’s contesting the regulation in state court, arguing state authorities inappropriately used emergency action to change state law on hemp products legislature passed in 2021.

Plaintiffs in California federal courts seek restitution, damages, and other relief on behalf of themselves and consumers nationwide, whom allegedly were deceived by “Plant-Based” representations on Aveeno and Neutrogena Makeup Removing Wipes.

Slow adoption of alternatives to animal testing in the current decentralized regulatory framework.

Now that reporting of cosmetic ingredient use to FDA is no longer voluntary, the Cosmetic Ingredient Review is wading through a tide of data generated by MoCRA registration and listing deadlines.

The Washington State Department of Ecology will try to work with companies that violate the Toxic Free Cosmetics Act, rather than reflexively imposing the $5,000-per-violation fine for first-time offenders, says the law’s implementation planner. She noted financial assistance is available for small businesses, as well as incentives for companies adopting measures “beyond compliance.”

Toxic-Free Cosmetics Act planner Shari Franjevic acknowledges the Washington State Department of Ecology is authorized to use enforcement discretion regarding the new law’s 1ppm limit on trace lead in cosmetic products, effective 1 January 2025, or raise the ceiling via rulemaking. But it does not seem inclined to do either based on data known to the department at present. 

Cosmetics Europe’s John Chave highlights the important role that industry must have in educating the public about chemicals used in cosmetic products. The association’s COSMILE Europe database launched last year is one such measure to combat misinformation while industry braces for potential impacts resulting from new hazard categories under the Classification, Labeling and Packaging (CLP) regulation.

Cosmetics Europe hopes a more “competitive” spirit will define the 2024-2029 regime. Director-general John Chave discusses the association’s outlook on planned revisions to REACH and the Cosmetic Products Regulation in the new EU institutional mandate.

Streamlined process for reporting problems is key piece of “unified Human Foods Program” which officially launched on 1 October, as Commissioner Robert Califf says, “a new model for field operations and other modernization efforts.”

Nonbinding forecast, fourth for the program, includes risks associated with codeine-containing cough medicine as a topic FDA will include in ongoing evaluation of GRASE for pediatric cough cold drug products marketed under monograph for cold, cough, allergy, bronchodilator and anti-asthmatic OTC drugs.

The RAC opinion begins the process of prohibiting use of talc in cosmetic products marketed in the EU. A consultation period will follow the Commission’s preparation of a delegated act.

Single-use packaging producers should heed the 1 October deadline in Colorado’s EPR law for paper and packaging to register with Circular Action Alliance lest they face enforcement action, said an advisor for that organization, which is leading the program’s administration, at IBA’s Cosmetics Convergence Fall 2024 Virtual Symposium.

Democrats Wyden and Merkley author Cannabinoid Safety and Regulation Act to limit sales to consumers 21 and older and authorize FDA to order recalls and impose bans on cannabis products with dangerous chemicals or additives. It also would establish regulatory structure for using cannabinoids found naturally in hemp and allowing “semi-synthetic” ingredients while prohibiting artificial or fully synthetic cannabinoids.

Following Energy and Commerce Health Subcommittee hearing about FDA’s human food and tobacco programs on 10 September, gap between what the trade groups, committee leadership and the FDA each want more of doesn’t appear to be shrinking.

The US' approach to international trade and potential for new tariffs on China or other partners could be the most significant issue for the beauty industry ahead of the presidential election in November, experts suggested at the Independent Beauty Association’s Cosmetics Convergence Fall 2024 Symposium.

The Federal Trade Commission’s Consumer Protection head Sam Levine says bipartisan leaders at the state and federal levels are taking on consumer protection issues like never before and using the FTC’s approach as a model for legislation.

In addition to commentary and information about the OTC drug, dietary supplement and cosmetic industries, speakers offered candid remarks on subjects well known across the consumer health industry or well recognized by consumers.

Filed on 20 August by Pensacola, FL-based law firm Aylstock, Witkin, Kreis & Overholtz (AWKO) on behalf of an unnamed client, the petition points to benzene study data unconnected to Valisure on unheated benzoyl peroxide products, but is light on details of how it was conducted.