[Congressional Record Volume 163, Number 82 (Thursday, May 11, 2017)]
[Senate]
[Pages S2918-S2919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Ms. Collins):
  S. 1113. 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, today I am introducing a bill to 
improve the safety oversight of products that affect every single 
family on a daily basis. Whether it's shampoo or shaving cream, lotion 
or make-up, hair dye or deodorant, personal care products are a part of 
our everyday lives. I thank Senator Collins for her support and hard 
work on this important legislation.
  However, even though our bodies absorb many chemicals in these 
products through our skin and even our nails, their ingredients are 
largely unregulated. It's time to modernize our safety oversight and 
correct this problem. Most people assume these products have up-to-date 
federal oversight, but in reality the Food and Drug Administration's 
authority to do so is sorely outdated--in fact, it's based on a law 
from the 1930s that has changed little over the past eight decades. 
There are questions about the safety of some ingredients in these 
products, which not only leads to health concerns but also causes 
uncertainty for companies working to innovate and expand domestically.
  Over the last several years, Senator Collins and I have worked with a 
wide group of stakeholders that represent both industry and consumer 
groups. Those stakeholders include small and large companies, doctors, 
consumer advocates, patient advocates, scientists, and the Food and 
Drug Administration. Together, we have drafted bipartisan legislation 
that puts commonsense measures in place and has the support of both 
industry and consumer and health organizations.
  The Personal Care Products Safety Act sets up a process for reviewing 
the safety of ingredients in personal care products. The bill requires 
manufacturers to register so consumers know who produces personal care 
products sold in the United States.
  The legislation also modernizes authority for the Food and Drug 
Administration so the agency is better equipped to deal with public 
health concerns, such as being able to recall contaminated products if 
companies choose not to do so voluntarily. The updated system is 
completely paid for by industry fees. Companies will provide 
information about the ingredients in their products to the Food and 
Drug Administration, and attest to their safety. Many companies 
manufacturing in the United States currently follow strict voluntary 
standards for manufacturing under proper conditions, but the lack of 
federal standards leaves this to chance. Under this legislation, the 
agency sets Good Manufacturing Practice guidelines to ensure companies 
meet minimum requirements. Companies will also need to report adverse 
health events related to their products to the Food and Drug 
Administration.
  Last year, we heard about WEN shampoo, a product that was causing 
significant hair loss. Among those affected were children, including a 
little girl named Eliana who lost all of her hair after using WEN. She 
shared her story with my office and several of my colleagues. What's 
shocking is that the company received more than 20,000 reports of this 
happening, but under current law WEN had no legal obligation to tell 
the Food and Drug Administration. Under this legislation, companies 
would be required to do so.
  Another example of concern is the ongoing use of formaldehyde, also 
called methylene glycol when mixed with water, in the popular hair 
treatment called a Brazilian blowout. Formaldehyde is released into the 
air during

[[Page S2919]]

this beauty treatment. It can cause shortness of breath, headaches, and 
dizziness in the short-term. Over the long-term, formaldehyde has been 
linked to cancer.
  I am also greatly concerned about the effect on the health of salon 
professionals who are constantly exposed to a variety of chemicals 
daily. In addition to reviewing the safety of chemicals they may be 
exposed to, this legislation also ensures that the salon products they 
use are properly labeled with ingredients and warnings.
  The Food and Drug Administration will be required to evaluate at 
least five ingredients per year for safety and use in personal care 
products. In addition to reviewing the latest scientific and medical 
studies, the agency will consider how prevalent the ingredient is, the 
likely exposure, adverse event reports, and information from public 
comments. Public input will be critical to the review process. There 
will be opportunities for companies, scientists, consumer groups, 
medical professionals, and members of the public to weigh in on, not 
only the safety of particular ingredients but also, which ingredients 
should be a priority for review. After review, the Food and Drug 
Administration may deem an ingredient safe, unsafe, or safe under 
certain uses or under certain conditions. The agency will also have the 
authority to require warning labels as needed for certain ingredients 
and limit the amount of an ingredient that may be used in personal care 
products. For example, some ingredients may only be safe for use by 
adults or when used by professionals in a salon or spa setting.
  The Personal Care Products Safety Act is the result of many diverse 
groups working together with the common goal of modernizing the federal 
oversight system to ensure the safest products possible are on the 
market. We have worked closely with small businesses to ensure that the 
legislation recognizes their needs and supports their growth. This 
legislation incorporates changes to increase flexibility for small 
businesses, particularly those making low-risk products. The bill 
recognizes the unique nature of the handmade cosmetic industry and 
meets their needs to encourage growth and innovation.
  I am pleased that the major organizations representing these small 
businesses (Handmade Cosmetic Alliance, Coalition of Handcrafted 
Entrepreneurs, Handcrafted Soap and Cosmetic Guild), have said that the 
provisions within this legislation ``afford producers in the handmade 
cosmetic industry the opportunity to continue to innovate, grow, create 
jobs and produce safe, quality handmade products in communities across 
the nation.''
  I am pleased to have the support of a broad coalition, including 
Environmental Working Group, Society for Women's Health Research, 
Endocrine Society, National Alliance for Hispanic Health, Au Naturale, 
Coalition of Handcrafted Entrepreneurs, Handcrafted Soap and Cosmetic 
Guild, Handmade Cosmetic Alliance, Herban Lifestyle, The Honest 
Company, American Cancer Society Cancer Action Network, Babo 
Botanicals, Goddess Garden Organics, Caregiver Action Network, March of 
Dimes, EO Products, Eclair Naturals, Juice Beauty, National Psoriasis 
Foundation, and the following major companies that together represent 
over 99 brands of products: The Estee Lauder Companies, Johnson and 
Johnson, Procter and Gamble, Revlon, Unilever, and L'Oreal.
  I urge my colleagues to join us in supporting this much needed 
legislation to modernize our outdated regulatory system for personal 
care products, and I hope the Senate will pass this long overdue 
legislation this year.
                                 ______