[Congressional Record Volume 165, Number 41 (Thursday, March 7, 2019)]
[Senate]
[Page S1742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Ms. Collins):
  S. 726. 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, I am introducing bipartisan 
legislation with Senator Collins today to improve safety standards on 
products that affect every single American household. Most people 
assume that the personal care products they use every day, whether it 
is shampoo or shaving cream, lotion or make-up, hair dye or deodorant, 
have up-to-date Federal oversight.
  In reality, however, the Food and Drug Administration's authority to 
do so is sorely outdated. In fact, even though research continues to 
better inform us on the safety of ingredients used in products that we 
absorb through our bodies, skin and even our nails, regulation of these 
ingredients have not kept up and little has changed over the past eight 
decades on how we conduct oversight of these products. It is time to 
modernize our safety oversight and correct this problem.
  Over the last several years, Senator Collins and I have worked with a 
wide group of stakeholders that represent both industry and consumer 
groups. Together, we have drafted the Personal Care Products Safety Act 
with the support of many companies, health experts, and consumer 
organizations to put commonsense measures in place.
  One of the most critical components of this legislation is a process 
for the FDA to review the safety of ingredients in personal care 
products. The FDA may limit the quantity of an ingredient, require 
specific screening protocol to ensure dangerous contaminants aren't 
present, or require warning labels when needed to alert consumers. If 
an ingredient is simply unsafe for use under any conditions, the FDA 
can require that it be banned from use in all personal care products.
  Just this week, the FDA announced finding asbestos in several 
different types of make-up marketed to children and teens at the 
popular store, Claire's. This is a serious concern that highlights the 
need for Congress to move quickly to give FDA the tools they need.
  Under our bill, the FDA could implement new screening protocols for 
contaminants like asbestos. Companies would be required to register, so 
it would be easier to know where products were coming from. FDA would 
have mandatory recall authority for personal care products like they do 
for food, and companies would finally be required to report adverse 
health events.
  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. These stakeholders include small and large companies, doctors, 
consumer advocates, patient advocates, scientists, and the Food and 
Drug Administration.
  This legislation recognizes the needs of businesses of all sizes to 
support their growth while not sacrificing high safety standards that 
will keep consumers safe and raise the bar for industry standards. Many 
companies are taking voluntary steps to do the right thing, but it is 
time for this to be a uniform requirement.
  Another shocking example of concern is the ongoing use of 
formaldehyde, also called methylene glycol when in liquid form. It is 
used in the popular hair straightening treatment called a Brazilian 
blowout. During this beauty treatment, formaldehyde is released into 
the air and can cause shortness of breath, headaches, and dizziness in 
the short-term. Exposure to formaldehyde long-term has even been linked 
to cancer.
  I am also greatly concerned about safety of salon professionals, who 
are exposed daily to a variety of chemicals. In addition to reviewing 
the safety of chemicals they may be exposed to, this legislation 
ensures that the salon products they use are properly labeled with 
ingredients and warnings.
  This bill will require the Food and Drug Administration 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 
likelihood to 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 will also require companies to 
provide the Food and Drug Administration with a list of their products' 
ingredients and attest to their safety.
  The bill recognizes the unique nature of the American handmade 
cosmetic industry and meets their needs to encourage growth and 
innovation. This legislation provides flexibility for small businesses, 
particularly those making low-risk products. And this bill would not 
increase taxpayer obligations because it is paid for by user fees from 
the cosmetic industry.
  I am pleased to have the support of a broad coalition, including 
Environmental Working Group, Endocrine Society, National Alliance for 
Hispanic Health, National Women's Health Network, American Autoimmune 
Related Diseases Association, March of Dimes, Handmade Cosmetic 
Alliance, and the following companies that together represent over 90 
brands of products: The Estee Lauder Companies, Procter and Gamble, 
Revlon, Unilever, L'Oreal, Johnson and Johnson, Beautycounter, Makes 3 
Organics, SkinOwl, Silk Therapeutics, and S.W. Basics.
  I want to thank Senator Collins for her support and hard work on this 
important legislation. 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.
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