Thanks to e.coli on your lettuce, salmonella contamination in your peanuts and a flood of fraudulent drug imports, the FDA has held a prime spot of scrutiny on the nightly news this past year. New calls for tighter controls have been launched and cosmetic manufacturers have unfortunately been snared in the nets of special interest groups lobbying in DC. The result? The Safe Cosmetics Act of 2010, also known as H.R. 5786, was presented to the House of Representatives on July 20th.
Championed by the Campaign for Safe Cosmetics (CFSC) and the Environmental Working Group (EWG), H.R. 5786 would radically transform the personal care industry by passing massive fees onto manufacturers, restricting ingredient availability, necessitating a taxing amount of burdensome paperwork and requiring expensive pre-market testing of every finished product before it hits the shelves.
Unfortunately, none those new responsibilities nor the billions spent on them would make cosmetics any “safer” for public consumption.
I’ve had the privilege of traveling to Washington DC three times over the past two years as part of a coalition representing the interests of small beauty manufacturers. The release of H.R. 5786 found us back in the hallowed halls of the US House of Representatives this month. Also in attendance were legislative aides from the offices of several of the bill’s co-sponsors, including: Jan Schakowsky, (D-IL), Ed Markey, (D-MA) and Tammy Baldwin, (D-WI), and Barney Frank (D-MA).
During our meeting, it became obvious that the staffers in the very offices of the original bill sponsors don’t understand the science behind the legislation itself. We know that CFSC has had their ears for a few years now, saturating legislators with misinformation promulgated by fear mongering. CFSC has proven that the only thing more dangerous than faulty science is faulty science in the hands of a special interest group with an agenda and a serious lack of perspective.
It’s abundantly clear that the bulk of the “junk science” behind H.R. 5786 is coming directly from CFSC. A prime example: one staffer asked me why cosmetic manufacturers wouldn’t voluntarily agree to stop adding lead to lipstick. That’s a line straight out of CFSC’s playbook, based on their 2007 study that found detectable levels of lead in 61 percent of lipsticks tested.
In fact, no one is adding lead to lipstick. I explained that manufacturers don’t maniacally toss in a 55-gallon barrel of lead into each batch of lipstick just to see what will happen. Lead is found in the mineral pigments used to make red lipstick. The pigments are mined from the earth, which contains lead as a natural mineral. Unfortunately, Mother Nature left us precious few options for creating that brilliant red lip that so many American women have taken a shining to. The only other viable option is crushed beetles.
The staffers, looking a bit shocked at the revelation, were also informed that the amount of lead detected in lipstick in that same study was less than the amount of lead permitted in American drinking water by the EPA. Yes, the same variety we’re advised by medical professionals to consume eight glasses of per day. To add insult to injury, the FDA already regulates the amount of lead inherent in personal care products, so today’s cosmetic landscape isn’t the “Wild, Wild West” that special interest groups have made it out to be.
EWG, as CFSC’s parent organization, has funneled tens of millions of dollars in grants to the campaign over the past ten years. These funds have been used to both wage a shockingly vicious PR battle against the American cosmetics industry (case in point: Annie Leonard’s video The Story of Cosmetics) and to compile a publicly-accessible database of scientific data regarding cosmetic ingredients. Never mind that most of the studies are based on high-dose, repeated ingestion methodology, whose results don’t bear any meaningful similarity to topical application via personal care products. By all means, let’s not allow actual science to stand in the way of your PR campaign.
If passed, H.R. 5786 would make the regulations outlined in the EU’s Cosmetics Directive look like a virtual cakewalk. It would devastate small business and deal a potentially fatal blow to the natural product industry, as the “trace contaminants” clause in the legislation would eliminate the cosmetic use of many safe, natural raw materials. It would mean the elimination of thousands of manufacturing jobs and higher prices for consumers at a time when this economy is struggling to find its legs and sprint towards a recovery.
The entire personal care industry - from raw material suppliers to trade organizations and manufacturing companies to the consumers that purchase their products - must take a public stand against this ill-advised, poorly constructed legislation. I urge you to sign the petition currently circulating in opposition (http://www.thepetitionsite.com/1/oppose-hr-5786-safe-cosmetics-act-of-2010/ ), contact your representatives in Washington to urge them to vote against the bill, vote to personally oppose the bill at Open Congress (http://www.opencongress.org/bill/111-h5786/show ), with industry trade organizations the urgency and importance of opposition and educate your consumer base.
I strongly believe that we’re in an uphill battle to preserve the American cosmetics industry as we know it. Unfortunately, H.R. 5786 won’t be the final word. Senator Dianne Feinstein (D-CA) has publicly supported the Safe Cosmetics Act of 2010 and her DC office has confirmed that Feinstein is currently working on a Senate version of the bill, to be released in the coming weeks.
Lela Barker is the founder and creative director of Bella Luccè, an independent manufacturer of globally inspired spa products headquartered in South Carolina. Founded in 2003, Bella Luccè has found a home in more than 700 spas in the US, with additional distribution throughout the EU, Middle East and Oceania.

15 comments (Comments are now closed)
Correcting the "Correcting Misinformation" Posting
This comment illustrates the problem very clearly. The comments states "The PCPC has testified to the Calif. legislature that allowable lead levels in drinking water are thousands of times higher than lead found in lipstick. That is just not true. EPA limits lead in drinking water to .015 ppm; lead levels found in lipstick are much higher. FDA's recent tests found lead levels up to 3 ppm in lipstick -- much higher than EPA limits for lead in drinking water."
As we have said repeatedly at every possible opportunity, it's the exposure that counts. The limit of lead in water is in fact 0.015 ppm and the levels found in lipstick are higher, up to 3.06 ppm according to the FDA study. But we drink (an estimated) 2000 mL of water a day and apply only (an average) of 0.024 grams of lipstick a day (that's 24 milligrams). The two exposures are no where near equal! Doing (the rather simple math) we will be exposed to 30 micrograms of lead from drinking water and 0.07 micrograms from lipstick assuming the highest level reported (3 ppm), that all of the applied lipstick is consumed (24 mg) and that all of the consumed lead from the lipstick is absorbed (all overestimations). This means that lipstick is more than 400 times lower than water. Also keep in mind that FDA has set limits for lead exposure from all sources and that lipstick is a very minor contributor even under the most conservative calculations.
I suggest not making comments when you don't have the facts straight.
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Posted by John Bailey
14 September 2010 | 14h52
It's the BIG Companies
This bill is probably endorsed and probably written by large cosmetics manufacturers because they are the ones with deep pockets to fund whatever additional requirements are put in place by the government. Have you heard then complain about the bill yet?
Their goal is simply to put small businesses out of business since they are a threat to their bottom line. Have you notice the increase in independent manufacturers? They are the ones producing a better product to fill a niche abandoned by large manufacturers.
They should be leading the way in better, safe and ecologically sound principles to protect the consumer.
Until consious ethical efforts surpass the interests of greed, we will always have bills like this one.
We are killing oursekves and our planet.
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Posted by Santiago La Rotta
30 August 2010 | 17h00
Thank you, Marcia Elston
Marcia,
I went to the link you provided. THANK YOU so much. This was meat for thought, not nasty finger pointing disguised as journalistic writing. I still believe that the ingredients that are in discussion aren't safe. There are too many woman who've had health issues that their DOCTORS have linked to their cosmetics, but I'm seeing how this bill may not address those issues.
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Posted by Todra Payne
30 August 2010 | 16h20
In Response to Lisa Archer
Lisa,
While the CFSC and I will undoubtedly not agree on all the issues surrounding HR 5786, I do sincerely appreciate the dialogue. I'd like the chance to respond to a few of your comments.
I believe Kayla has done a brilliant job of speaking to the lead issue, as I was addressing exposure levels and proportionate risk. That is the very essence of my call for all of us to put the science into perspective, for without perspective the science is rendered moot.
In addition to Kayla's information, I'd like to add that (in response to the CFSC "lead in lipstick" study), the FDA began its own investigation. They found lead in all of the lipsticks tested, ranging from 0.09 ppm to 3.06 ppm with an average value of 1.07 ppm. The FDA concluded that the lead levels found are "within the range that would be expected from lipsticks formulated with permitted color additives and other ingredients that had been prepared under good manufacturing practice conditions." Those interested in learning more about the FDA's test method are invited to read the following article, which appeared in the July/August 2009 issue of the peer-reviewed Journal of Cosmetic Science. http://journal.scconline.org/pdf/cc2009open/cc060n04/p00405-p00414.pdf
"The FDA has assessed the potential for harm to consumers from use of lipstick containing lead at the levels found in its testing. Lipstick, as a product intended for topical use, is only ingested incidentally and in very small quantities. FDA does not consider the lead levels that it found in the lipsticks to be a safety concern. FDA also notes that the lead levels that it found are lower than limits recommended by other public health authorities for lead in cosmetics, including lipstick."
Here's a link to the FDA's brief on lead in lipstick:
http://www.fda.gov/Cosmetics/ProductandIngredientSafety/ProductInformation/ucm137224.htm
With regard to the Personal Care Products Council (PCPC), I can only say that my company is not a member of that particular organization and I do not speak on their behalf. None of my commentary nor the information I replied upon in composing it was sourced from the PCPC and I hope that you'll understand that I cannot be held responsible for whatever they might have said on this or similar issues.
I'd also like to clarify that I never said that CFSC was in it for the money. I only said that millions of dollars in grants have been funneled to CFSC and that the organization is waging a pretty intense PR battle that I do not believe accurately represents the facts surrounding the cosmetic industry. I stand behind that statement.
I, too, am an advocate for safe cosmetics and am glad we share that common goal, though our strategies are rather different. I'm encouraged that CFSC has publicly stated their willingness to listen to stakeholders and small companies in particular. I encourage you to do so and look forward to participating in the dialogue. I would be happy to speak to you via phone or Skype to chat more about this issue.
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Posted by Lela Barker
27 August 2010 | 05h41
The Facts about Lead Exposures
The levels of lead found in lipstick ranged from .09 ppm to 3.06 ppm. The EPA allows up to 15 ppb of lead in tap water and the FDA allows 5 ppb in bottled water. The FDA allows .1 ppm of lead in candy.
Lead from bottled water, assuming 64 ounces of water intake per day = daily lead level intake 0.00000032 ounces
Lead from tap water, assuming 64 ounces of water intake per day = daily lead level intake 0.00000096 ounces
Lead from candy, assuming 8 ounces of candy per day = daily lead level intake 0.0000008 ounces
Lead from lipstick, assuming 80 milligrams (.00282 ounces) per day applied lipstick = daily lead exposure 0.00000000086 ounces
That means that tap water exposes you to 1116 times more lead than lipstick per day.
Bottle water exposes you to 372 times more lead than lipstick per day.
Candy exposes you to 930 times more lead than lipstick per day.
In addition, studies have shown that skin only absorbs 1% of lead that it comes in contact with. That means that the actual exposure rate is even lower, but if you argued that 100% of the lipstick applied to the lips is consumed the exposure rates above work.
Lead isn’t sold as a separate ingredient for cosmetic scientist to add to lipstick. As a matter of fact, the only reference to lead in the Cosmetic Bench Reference is the neutralized version “Lead Acetate” which is used as a hair colorant in hair dyes. There is no other lead in any form sold for cosmetic use. It is not being added to lipstick.
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Posted by Kayla Fioravanti
27 August 2010 | 00h52
Correcting Misinformation
We're writing to correct gross inaccuracies in the Bella Luccé article published in Cosmetics Design on August 25, 2010. The Campaign for Safe Cosmetics www.safecosmetics.org is a national coalition of non-profit health and environmental groups headquartered at the Breast Cancer Fund www.breastcancerfund.org. We are made up of many groups including Environmental Working Group, Clean Water Action, Friends of the Earth, Women's Voices for the Earth and the National Council of Churches.
The people involved in the campaign are not in “it for the money or a PR campaign” as Ms. Barker seems to believe, but because we are concerned about the rising rates of illnesses that are linked to toxic chemical exposures. We are advocating for market shifts away from toxic chemicals and for policies including the Safe Cosmetics Act that require companies to remove the most hazardous chemicals from personal care products, and to be transparent about what's in these products so consumers can make informed choices.
This legislation will help the cosmetics industry by fostering the development of the safer products consumers are demanding while providing incentives for green chemists to develop safer, non-toxic formulas. The cosmetics industry as a whole has not kept pace with safety innovations due to a weak regulatory system that encourages ignorance about chemical hazards and allows companies to hide the true toxicity of products.
Ms. Barker appears to be confused, as she has stated things that are quite simply false. One example: Ms. Barker repeats an erroneous point regarding lead in lipstick that has been often used by the Personal Care Products Council, the trade association representing the larger corporations that have been funding opposition to modern cosmetics regulations.
The PCPC has testified to the Calif. legislature that allowable lead levels in drinking water are thousands of times higher than lead found in lipstick. That is just not true. EPA limits lead in drinking water to .015 ppm; lead levels found in lipstick are much higher. FDA's recent tests found lead levels up to 3 ppm in lipstick -- much higher than EPA limits for lead in drinking water.
The Campaign recognizes that there are legitimate questions about certain sections of the Safe Cosmetics Act. We welcome and will advocate for valid feedback from stakeholders--including small cosmetics businesses--to be integrated into this bill, while ensuring that the goals of cosmetics safety and transparency are met.
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Posted by Lisa Archer,
26 August 2010 | 22h06
Response to "Interesting"
This issue has definitely polarized the cosmetics industry and has unfortunately masked the truth with propaganda. Many small and micro companies started their businesses because they wanted to offer safer alternatives. From my perspective if there was ever a question about the safety of an ingredient, I wouldn't use it or expose my customers. In addition, since I make my products by hand I wouldn't expose myself or my environment to something potentially harmful. But the key word here is "potentially" because many ingredients touted as harmful by the Skin Deep Database have not undergone rigorous scientific study with conclusive results. The general public does not know this, so they look to the Database as a definitive resource. Take phthalates for example. A recent 60 Minutes segment showed how the scientific data on phthalates was inconclusive. I urge you to read this article and watch the video:
http://www.cbsnews.com/stories/2010/05/21/60minutes/main6506892.shtml?tag=contentMain;contentBody
We're seeing a wave of legislation from CPSIA, to CSA 2010 and food related issues that is taking place as knee-jerk reactions to safety questions without all of the answers in place. While there are many questions about the safety of ingredients in our food, our environment and the things we come in contact with, do we want our government to decide these issues for us? As a producer of cosmetics AND a consumer I would much rather inform myself than have my government make these decision for me. I drink raw milk because I believe the benefits far outweigh the risks. Yet, my government is now trying to tell me that I have no alternative but to consume the milk THEY feel is safe for me and are taking away my right to choose by banning raw milk. As consumers we should all be concerned about this overstepping of boundaries by the government. The problem with much of this legislation is that it has the unintended effect of banning the very things that are good for us without addressing the ones that may be harmful. It's called "throwing the baby out with the bathwater". That's what happened with CPSIA and that is what will happen with the SCA 2010. If we're going to legislate, we need to do it based on facts, not here say. For starters, why don't we make it a law for all online retailers to list their ingredients on their websites. There's no difference between an online point of sale and one in an actual store, yet companies are getting away with not disclosing their ingredients and white washing their products as free of toxins. That seems like a more immediate and tangible place to start that would help consumers DECIDE which products they should purchase.
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Posted by Maggie Mahboubian
26 August 2010 | 21h37
Interesting
Perhaps, Todra, sarcasm and frustration do creep between the lines . . . here's a very astute critique that may satisfy you:
http://bit.ly/9n7yOP
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Posted by Marcia Elston
26 August 2010 | 00h34
Safety vs. Economy
In response to Lee K, small personal care products companies are concerned about safety, and in fact many are at the forefront in this regard. The burden of reporting requirements in H.R.5786 could bankrupt small companies. Therefore, economics has to be a consideration. $ certainly does not supersede safety, which is one of the motivators that spurred many to start their small cosmetic businesses in the first place. They may be two separate issues, but they are certainly interconnected.
Readers here may not be familiar with the CIPSIA legislation that, while intended to make toys safer, resulted in the unintended consequences of thousands of small toy makers in the U.S. having to close their doors for similarly related burdensome requirements to those in H.R.5786 for small cosmetic companies.
CFSC, EWG and their Skin Deep database and Annie Leonard need to be held to account for continuing to foment fear and mistruth, especially when the cosmetic industry is at present the safest in the country. The Skin Deep database is woefully inadequate and never should be used as foundational fact to create legislation, especially when it is continually challenged world-wide by chemists and scientists in the cosmetic industry. While perhaps well meaning, these industry lobbyists are simply wrong in their facts and should not have the powerful influence they have.
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Posted by Marcia Elston
26 August 2010 | 00h21
Interesting
I would love if the stands taken on this (from both sides) were presented in a rational, journalistic manner. At the moment, all of the writing I've read on this subject is filled with attacking language and personal agendas. Maybe this bill is not the answer. I'm not fighting for a bill. I AM wondering why small brands are bothering to make safer, healthier makeup and advertising that their makeup is healthier (I use such makeup, promote such brands and wholeheartedly agree that they are better, safer and healthier than what is found in department stores) if all makeup is safe and healthy? The message has been changed now that this act is introduced. Suddenly, I'm hearing how Estee Lauder and the parabens and other ingredients that AREN'T in mineral based makeup, is in deed okay. And I'm hearing it from the natural cosmetics camp all of a sudden. No wonder recent surveys showed the general public distrustful of ALL claims on healthy, natural and organic cosmetics. We're busy bickering against each other and then suddenly changing the message when it's convenient. It's disappointing.
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Posted by Todra Payne
25 August 2010 | 23h55
The Safe Cosmetic Act
The Campaign for Safe Cosmetics (CFSC) mirrors the strategy of all fear based politics. Distort, decieve and outspend anyone you wish to remove. The FDA is in more violation of safety, than small cosmetic companies will ever be. When you're small, you have more incentive to get it right. If the public were truely interested and looked into what the FDA allows, for use is food and pharmaceuticals...they would laught at what (CFSC) is trying to do.
Thank you Ms. Barker, small beauty manufacturers and small industry in all fields. Tomorrow, someone else will be the target. We need to stop misleading the public, together.
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Posted by Rick R. Hales
25 August 2010 | 23h15
Junk Science at its Worst
Taking a few scientific studies that were done in test tubes or taking studies that were done with lab rats force-fed large quantities of chemicals to act as the basis for this harmful bill is irresponsible. Considering that the EU regulations cost 5 times what they were originally projected to cost and took 20 times the amount of animals to test chemicals on, however well intended this is not the route we should be going in the US.
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Posted by Anne-Marie
25 August 2010 | 21h26
Safety not Economy
What I don't really understand is why rebuttals to safety regulation typically include reference to the ecomony. They are two separate things. I would never ingest something toxic if it guaranteed a booming ecomony...and I don't think anyone else would.
I don't want this posting to represent any particular side of the arguement, but just want to make clear that this is an issue of safety. Let's leave it at that.
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Posted by Lee K
25 August 2010 | 20h53
More Thank You's
Thank you Cosmetics Design for your continuing coverage of this vital issue. Ms. Barker's article summarized the salient issues perfectly and we all appreciate how she is fighting for us on her own dime and time. This is a classic David vs. Goliath story.
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Posted by Maggie Mahboubian
25 August 2010 | 19h02
Thank you!
Thank you Lela, for standing up for small beauty manufacturers! Please tell us how that we can get involved and support your efforts!
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Posted by Laura Root, CST, CIDESCO Diplomate
25 August 2010 | 18h53
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