[Congressional Record Volume 161, Number 57 (Monday, April 20, 2015)]
[Senate]
[Pages S2274-S2275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Ms. Collins):
  S. 1014. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
ensure the safety of cosmetics; to the Committee on Health, Education, 
Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, the use of personal care products is 
virtually universal in this country. These products include everything 
from shampoo and hair dye to deodorant and lotion.
  Troubling examples of negative health effects call into question the 
safety of some of the chemicals used in these products.
  For example, methylene glycol, which turns into formaldehyde when 
heated, is a chemical in the popular hair smoothing treatment known as 
the ``Brazilian Blowout''. Short term exposure has been reported to 
cause hair loss, rashes, blistered scalps, nosebleeds, bleeding gums, 
shortness of breath and vomiting. Over the long term, exposure is 
associated with an increased risk of cancer.
  Some ingredients in cosmetics may only be safe for use in certain 
concentrations. Propyl paraben, a widely used preservative, is found in 
many products and mimics the hormone estrogen. This has the potential 
to disrupt the endocrine system, which can lead to a variety of health 
concerns such as reproductive system disorders.
  In light of this and other examples, consumers deserve to know that 
the products they use every day are safe. To do this, Federal oversight 
of the personal care products industry needs to be strengthened.
  Europe has a robust system of oversight for personal care products, 
including consumer protections like product registration and ingredient 
reviews, but in the United States, the industry is regulated largely on 
a voluntary basis, with a sparse patchwork of state regulations. The 
Food and Drug Administration, FDA, has little authority, operating 
under a Federal law from the 1930s that has seen little change since. 
Consumers rightly expect that basic protective measures to ensure the 
safety of personal care product ingredients are in place, but the 
reality is that FDA doesn't even have mandatory recall authority for 
products that pose significant harm to human health.
  I have been working with consumer groups, companies and FDA to put 
together a bipartisan, middle of the road bill to update the regulatory 
structure for personal care products, provide a streamlined national 
system of oversight and accountability, and review the safety of 
specific chemicals in these products. I am grateful to my colleague, 
Senator Collins, for working with me in this effort.
  Today we are introducing the Personal Care Products Safety Act, a 
comprehensive step forward. The bill, which is the result of feedback 
we received from a wide range of stakeholders, addresses consumer 
safety concerns and provides a modernized, predictable and 
straightforward system of compliance for companies.
  The Personal Care Products Safety Act will, for the first time, 
enable the public to know which companies, whether they are American or 
foreign, are producing and distributing personal care products through 
a registration system operated by FDA. Companies will provide 
information about the ingredients in their products and attest to their 
safety. This updated system will be supported by user fees paid by the 
industry.
  Under this legislation, FDA will review at least five chemical 
ingredients per year for their safety and appropriate use in personal 
care products. In determining which ingredients to evaluate and their 
safety, many factors must be considered, including how prevalent the 
ingredient is, the likely exposure, adverse event reports, and 
scientific studies from a wide range of sources.
  The first set of chemicals for review includes: diazolidinyl urea, 
which is used as a preservative in a wide range of products including 
deodorant, shampoo, conditioner, bubble bath and lotion; lead acetate, 
which is used as a color additive in hair dyes; methylene glycol/
formaldehyde, which is used in hair treatments; propyl paraben, which 
is used as a preservative in a wide range of products including 
shampoo, conditioner and lotion; quaternium-15, which is used as a 
preservative in a wide range of products including shampoo, shaving 
cream, skin creams and cleansers.
  FDA may deem an ingredient safe, unsafe, or safe under certain uses 
or conditions. FDA will also be empowered to require warning labels on 
products with certain ingredients, as appropriate, and limit the amount 
of an ingredient that may be used in certain products. For example, 
some ingredients may only be safe when used by professionals in a salon 
or spa setting.
  The structure of the legislation encourages, and relies on, public 
input. There are many opportunities built in for consumer groups, 
companies, medical professionals, scientists and the public to weigh in 
with feedback on the ingredients that should be prioritized for review 
and scientific information that FDA should consider regarding the 
safety of those ingredients. FDA is required to provide a yearly update 
to Congress and the public on its progress in reviewing these 
ingredients and the new oversight system.
  Many companies follow strict voluntary standards for manufacturing 
under proper conditions, but the current lack of a Federal standard 
leaves this to chance. Under this legislation, FDA sets Good 
Manufacturing Practice guidelines to ensure companies meet a minimum 
standard. Companies will also need to report adverse health events 
related to their products to FDA.
  As more consumers choose to shop online, it is of growing importance 
that they have access to the same product information they would see in 
a store. This bill requires all personal care products sold online to 
include information that is on the label. Consumers will be able to see 
all ingredients listed, along with any product warnings and other 
important information on use.
  We also take steps to reduce animal testing in personal care 
products, and direct FDA to encourage the use of alternatives and 
provide specific guidance to companies on non-animal testing methods 
that are seen as acceptable.
  This legislation is the product of many different groups working 
together. I am pleased to have the support of the Personal Care 
Products Council, which represents over 600 companies, Environmental 
Working Group, Society for Women's Health Research, HealthyWomen, and 
National Alliance for Hispanic Health. These individual companies have 
also stepped forward to independently support the bill: Johnson & 
Johnson, brands include Neutrogena, Aveeno, Clean & Clear, Lubriderm, 
Johnson's baby products; Procter & Gamble, brands include

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Pantene, Head & Shoulders, Clairol, Herbal Essences, Secret, Dolce & 
Gabbana, Gucci, Ivory, CoverGirl, Olay, Sebastian Professional, Vidal 
Sassoon; Revlon, brands include Revlon, Almay, Mitchum; Esteee Lauder, 
brands include Esteee Lauder, Clinique, Origins, Tommy Hilfiger, MAC, 
La Mer, Bobbi Brown, Donna Karan, Aveda, Michael Kors; Unilever, brands 
include Dove, Tresemme, Lever, St. Ives, Noxzema, Nexxus, Pond's, 
Suave, Sunsilk, Vaseline, Degree; L'Oreeal, brands include L'Oreeal 
Paris, Lancome, Giorgio Armani, Yves Saint Laurent, Kiehl's, Essie, 
Garnier, Maybelline-New York, Vichy, La Roche-Posay, The Body Shop, 
Redken.
  I urge my colleagues to join Senator Collins and me in supporting 
this effort to modernize our outdated regulatory system for personal 
care products, and to cosponsor the bill.

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