The FDA's legal authority over cosmetics is different from other products regulated by the agency, such as drugs, biologics, and medical devices. Cosmetic products and ingredients are not subject to FDA premarket approval authority, with the exception of color additives. However, FDA may pursue enforcement action against violative products, or against firms or individuals who violate the law.  

Read more »

State-Level Efforts for Smarter Laws

Because at this time, federal oversight of the cosmetics industry is virtually non-existent, some states are taking their own action to limit toxic chemicals in cosmetics. Following passage of the nation's first safe cosmetics law in California in 2006, dozens of bills have been introduced in states across the country. Below is just a sampling.

CALIFORNIA:
In the state of California health, labor, business, women's, consumer, youth and environmental organizations have joined forces to pass strong new protections on the safety of our personal care products.

A bill that would prohibit lead in lipstick in California passed the state Senate on May 29, 2008. The bill, SB 1712, now faces the state Assembly. Read more about the bill »

In October 2006, Governor Schwarzenegger signed the California Safe Cosmetics Act (SB 484) into law. The new law will require companies to report ingredients linked to cancer or birth defects. This bill faced tough opposition from major cosmetics companies including Mary Kay, Avon, Estee Lauder, L'Oreal, Neutrogena, Proctor and Gamble and Johnson and Johnson. For more information read the press release »

MASSACHUSETTS
The federal government does not protect consumers from toxic chemicals used in many personal care products, cosmetics, home pesticides, and PVC children’s toys. Governor Patrick has the power to protect our health from these hazards. Write a letter asking him to issue the Safe Alternatives Executive Order calling for regulation of toxic chemicals in cosmetics, using existing state law to replace toxic chemicals with safer alternatives. Ask him to mobilize the powers of state government to protect our health from toxic chemicals! 

For additional information on action in Massachusetts, email Erin Boles,  Massachusetts Breast Cancer Coalition or call (617) 376-6222.