Stacy Malkan Discusses The Safe Cosmetics Act 2010
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On Wednesday, July 21, The Healthy Beauty Project was on the press teleconference concerning The Safe Cosmetics Act 2010. Reps. Jan Schakowsky, D-Ill., Ed Markey, D-Mass., and Tammy Baldwin, D-Wisc., introduced the bill (H.R.5786), which gives the U.S. Food and Drug Administration authority to regulate the $50 billion cosmetics industry. At present, the industry in America is self regulated, which in the opinion of many, is not working in the best interest of consumer’s health. As discussions concerning toxic ingredients and deceptive labeling are heating up, the bill is gathering strong supporters and outspoken critics.
And small, independent beauty brands are wondering will the bill adversely affect their businesses.
The Campaign for Safe Cosmetics, along with several other prominent non-profits, is behind the effort to see this bill passed.
We decided to catch up with someone close to the front lines concerning the bill and ask questions. Stacy Malkan, co-founder of the Campaign for Safe Cosmetics and the author of Not Just a Pretty Face, agreed to speak with us.
HBP: Thank you so much for taking time for this interview. I know you must be crazed right now.
Ms. Malkan: Yes, I’m definitely busy. I’ve just had a radio interview for the past hour. And I’ve not eaten lunch yet.
HBP: Okay, I promise to be brief. I have just a few questions regarding The Safe Cosmetics Act. I know you’re heavily involved with this bill. And you must have seen some of the things being said over the internet about it – both positive and negative. Do you honestly believe this is the time to get this bill passed? There are so many other issues going on right now in Congress.
Ms. Malkan: There’s no question Congress is a tough climate right now, but I believe the system can work. I think this issue has a chance of getting through because so many people care about it. So many women care about it. As women, we don’t understand how much power we have. We are the largest voter. And spender – 75 cents from each dollar is spent by a woman. We have tremendous power. Another reason I think this bill will pass is it’s part of a broader effort to reform chemicals. This has been building momentum for the last decade. Now is the time and this is the bill.
HBP: I saw The Story of Cosmetics. There are studies out there on toxic ingredients in beauty products. This is real. But some critics are worried about having the government regulate these issues. Do you think this is something that possibly could be handled without government intervention? What if other stores did what Whole Foods recently did – create store policies about labeling and refuse to sell products that can’t back their claims with third party verification?
Ms. Malkan: I think what Whole Foods is doing is awesome. The work they are doing is so important. They are saying, “If you have parabens and synthetic fragrances in your products, you can’t get our premium seal. And if you make organic claims, you have to prove them.” So what’s happening is it’s forcing companies to quietly reformulate. In the absence of regulations, Whole Foods is raising the bar. That’s huge. But you still need the law because the law requires full disclosure of ingredients. It would also set up a system to assess the safety of chemicals and phase out the most dangerous ones. At present there are products on the market with ingredients that are illegal to use. No one would defend these products. Like the skin lighteners investigated by the Chicago Tribune. But the FDA can’t issue a recall. The bill would give the FDA the power to get these products off the shelves.
HBP: When I was on the press call concerning the bill, I heard another reporter say that big cosmetic companies are already reformulating their products to sell in Europe’s market, which has much stricter regulations than America. But I’m told the companies aren’t willingly reformulating for America’s market. Why not just reformulate everything to be healthier?
Ms. Malkan: It’s true that there are some examples of products here containing ingredients that are illegal in Europe. For example, you’ll find coal tar in shampoo here in the states. Beyond that, Some US companies are complying with EU standards. And many small cosmetic companies are figuring out how to get new formulations that work. But this bill goes further than what the EU has done.
HBP: How so?
Ms. Malkan: The EU has banned a list of ingredients. That’s great. But they’ve not required a fragrance disclosure. So many toxic ingredients can be hid in the term, “fragrance.” This bill would require companies inform consumers exactly what that means. Also, the EU hasn’t set up a system for safety assessments.
HBP: I’m glad you mentioned small cosmetic companies a moment ago. The Healthy Beauty Project focuses on healthy beauty options. And when I (Todra) do makeup jobs, I use small, independent beauty brands that don’t include toxic ingredients. Some of these companies are worried about the new bill. They are working hard to produce safe products and they fear they’re going to be forced out of business because of the cost of mandatory product testing if this bill passes. Can you speak on that?
Ms. Malkan: This is the most important question I want to address. There is a huge amount of misinformation and fear mongering from an Independent trade organization, and they’re scaring small cosmetic companies. This bill absolutely supports small businesses and it has provisions to make sure these cosmetic brands can meet the requirements. And one big point about the bill: There’s a sliding scale fee so the small companies would not be responsible for the fees. We’ve been talking to small businesses about a putting out a fact sheet to clear up the confusion.
HBP: So you’re saying this bill is good, even for small companies?
Ms. Malkan: The bill isn’t perfect. It’s not going to fix everything. But it will absolutely help small businesses by leveling the playing field. Companies are green washing like crazy and people are confused and they don’t see the difference in brands why they should seek out a natural product. This is going to clear up that problem.
HBP: Thank you, Ms. Malkan. I appreciate you taking the time to answer my questions.
Feel free to comment on this post.
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Although this post is two months old, we are still getting comments on it. It has obviously hit a cord with a lot of people who feel passionate on both sides. Personally, I am not fight for a bill. I am pushhing for healthier personal care products. To everyone who is arguing there’s nothing wrong with mainstream products, I respectfully disagree. And that’s okay. You can still voice your RESPECTFUL comments. I have erased only one comment of all that have been posted here because it was nasty and attacked me personally. Sorry, I’m not having that. You want to converse, do it like an adult. And honestly, telling me you’ll not support this site does not make me lose sleep.
Here is why I oppose this bill:
http://bit.ly/c32gZW
Here is another thoughtful look from a colleague:
http://bit.ly/bqckGb
And several thoughtful blogposts from yet another:
http://essentialu.typepad.com/
Sometimes you have to look carefully beneath the surface to absorb the full story.
Thanks for listening.
You can read my reasons for opposing this bill here: http://bit.ly/c32gZW
Here’s another thoughtful analysis from a colleague: http://bit.ly/bqckGb
Several thoughts from another colleague:
http://essentialu.typepad.com/
And yet another:
http://soap-queen.blogspot.com/
Thanks for listening and educating yourselves beyond the Stacy Malkan and CFSC hype.
There’s so much information in this, it makes my head swim. I’d like to believe that this bill would be good and level the playing field for smaller companies but for some reason, I just don’t think that the government would be that fair to companies that aren’t lining its pockets under its desk. My fear is that the small, independently owned, pioneering companies will get lost in the fray because there will be so many new requirements that they won’t be able to keep up. I think that sliding scale bit just sounds like a pacifying smooth-over answer to a problem that is going to end up stinging a lot of talented geniuses with small businesses. However, if it’s true and the small companies do get a break then hooray for justice! I’d love to see the legitimate natural beauty products taking over half or more of the makeup aisle. I’d also love to see a complete renovation in the major brands now to make their products safer for the women who just can’t stray from their liquid foundation that killed thirty cats before the formula was perfected. It would be beautiful poetic justice. I would probably buy at major stores just to prove a point.
If the FDA begins to regulate cosmetics, what happens when the big companies start schmoozing with the FDA officials with kickbacks and all like in the food industry? The FDA allows unlabeled genetically modified foods on the shelves for millions of people to eat everyday. It allows and promotes high fructose corn syrup in EVERYTHING. Who’s to say it won’t allow L’Oreal to keep the crap in their products because someone knows someone that works for the FDA so it slides under the label of “binding agent” or “fragrance”? I would love to believe this would work but I just don’t trust the government to look out for the American People. The things going on in the food industry should be shouting warnings into everyone’s head about getting the government to take this industry over. I wish it could be something handled between the people and the companies but I don’t know if that could happen.
“Companies are green washing like crazy and people are confused and they don’t see the difference in brands why they should seek out a natural product.” Unfortunately, that just points to people not self-educating themselves. Women are picking up the new swirly design mascara that says “NEW and NATURAL!” and thinking that it’s going to be so much better than the mascara hanging right beside it that’s full of plastics and chemicals and made by the SAME COMPANY. It still irritates the heck out of my eyes; it’s not in the least bit natural but because of the “green washing” people are thinking it’s different. I don’t know if the problem is with the companies as much as with ourselves.
I hope that if this law passes, it doesn’t truly end up putting the small companies under. Otherwise, I’ll have to buy a lifetime’s worth of my non-mainstream makeup (which is ALL of my makeup) in bulk and fill my freezer.
And lastly, let’s just remember who considers ketchup a serving of vegetables for our children in their school lunches… yeah, the government. Do we really want to trust them to “know” what’s best for our natural beauty products?
First full disclosure: I designed this website and help to create some of the video and still image content for it. I also am a small business owner of 13 years
This is my personal view, and is why I agreed to help HBP create this site. I have been investigating and using “Safer” personal hygiene, and home cleaning products and organic foods for the better part of 10 years. In the beginning I felt overwhelmed by the number of “Potentially”, and confirmed, bad ingredients. Not to mention it felt nearly impossible to find products with out them.
And in recent years there have been quite a few companies that are partaking in “Green Washing”. In other words companies doing little things to make the consumer feel good that they are buying from a “Green Company”. It can be as involved as including a few good ingredients and highlighting them, while not giving much play, if any, to the bad ones. To as simple as a company saying they are “Green” and slapping a leaf on the label of their brown card board package. But in reality they are not.
Living in a capitalist economy we have many benefits, like so many of us being able to start a small business. But as with all freedoms they come with responsibility. And large companies are now known to be notorious at doing what ever will increase their bottom line, even at the expense of their consumers’ health. When this happens Government joins the party and forces responsibility on the market.
I believe that this industry is in desperate need of forced responsibility. No matter how good small companies try to be there will always be large ones who will cut corners to save money. For the greater good of the population, that don’t know about most of these small companies and buy from the large ones in the bucket fulls, a bill like this is necessary.
Yes, I do believe that their will be some attrition in the small end of the industry. This happens in every industry, look at mine- periodical publishing: magazines and newspapers are folding all over the world because they can’t successfully transition for the changing future.
Although this is going to suck for some people I do believe that even small businesses in the skin/beauty industry could do with some oversight. One thought that has come to mind is how do we know how clean the environment is in which some of the smaller companies are making their products? In their kitchens, using their unsterilized blenders, with pets roaming around?
As for “Natural” ingredients: Just because something comes from nature does not make it healthy or safe. Although Bismuth is a naturally occurring element, some people are sensitive to it. And there are many plants that have medicinal uses, but used improperly or in wrong does can be hazardous.
I’m not trying to knock any of the small companies here, with out them I would not have some of the great products that I have been using for a decade. But realistically there should be standards in place that everybody follows. This is not a bad thing. It will have a time of growth pains, but after that the general product buying public will be safer.
I have reworded a position I use when discussing global warming with people who don’t believe it is real to fit this situation:
Even if some ingredients are not “as bad” as currently thought, is it not a good idea to error on the side of caution if you can create the product with known safer ingredients?
Thank you all for your candid comments. I really do appreciate you speaking your mind. However, I do not agree with the idea that all cosmetics are safe and therefore do not need regulation. The small natural brands that I use for my jobs and that I highlight here on HBP are amazing. And they are working hard to create safe, beautiful products. But that’s not the case with every brand out there. When chemicals are put in my products that are known carcinogens, I see that as dangerous. And potentially deadly. Just because no one’s breast cancer has been directly linked to cosmetic use does not mean it’s not something we should consider and pass bills to eliminate even the possibility. What I’m hearing is anger over the inconvenience of paperwork and the speculated loss of livelihood for small businesses. No one is saying, “If even one woman dies because of toxic ingredients, it’s too many.” That’s what we should be discussing. Not paperwork. There was a time when people argued vehemently that cigarettes were not cancerous. We obviously know better now. That said, I hope those who see a conspiracy theory in this bill are wrong – not so I can be right, but so we can have the much needed regulation of this industry AND the small, innovative brands that are leading the way with safe cosmetics.
I simply loved the information provided by this interview. Thank you for being both brief and candid.
The comments have been interesting too.
Paperwork comes with business it is a necessary evil. Even my lawncare guy has paperwork and regulations and guidelines he must follow but he does it. It is part of doing the business he has choosen.
As for compensation for the people hurt by these ingredients. Remember it took a long time for tobacco companies to pay their victims and yet not everyone impacted received a check. This is unfortunate but each person does bear a certain amount of responsibility for their own selves. Give it time it could come but it is a process.
First things first. This regulation is an awesome first step.
The truth is that no one has been killed or even harmed by their cosmetics – except for blindness and infection from not using preservatives. This bill wants to ban trace amounts of anything considered toxic. I doubt you can find any product without trace amounts of lead and arsenic because it is present in our water and soil. Small companies cannot afford the testing to show whether it is there or not.
Businesses like mine who create botanically based products will not survive. I use rosemary extract in many products which contains caffeic acid. Caffeic acid is considered a carcinogen according to some lists – other lists consider it an anti-carcinogen.
My face cream contains fennel hydrosol. Methyleugenol is a component of fennel. This too is on some ‘toxic’ lists so would be prohibited. Not only fennel, but basil, rose and others.
In reality, I can’t see any natural or botanical substance being allowed because it is more likely to contain suspected carcinogens. Only highly processed synthetic ingredients would be allowed because they are the easiest to remove impurities from and to test.
This bill is not a good idea, is too vague, and creates too much work for businesses and the FDA to be realistic.
Thank you for posting this interview.
I see the sliding fee scale in the bill for small business.
What I don’t see is an exemption for small business for many of the reporting requirements.
Small scale manufacturers (think people at Farmer’s Markets – not even large enough to be selling to stores) are generally using items in their kitchen (Sweet Almond Oil + Beeswax = lip balm). Listing out of your vendors information, your gross sales and your employees is required. Safety statements for each product will also be required. While this may not sound like a lot of paperwork, for a small business (usually a working mother, selling soap at a Farmer’s Market to help support her kids’ hobbies or just earn a little bit of extra spending money), it is a large burden of extra paperwork for a small company that’s not manufacturing with scary chemicals.
It seems like a lot of over regulation for small micro business?
I lead the trade organization Ms. Malkan says is “fear mongering.” It’s called the Indie Beauty Network and it is composed of hundreds of our nation’s small manufacturers who are only in business today because they are already making safe cosmetics, and their customers buy them and love using them.
I am available to tell you the truth about the Safe Cosmetics Act of 2010 at your convenience, Todra, so please feel free to contact me. For now, 3 points:
1. Cosmetics are safe. The cosmetics industry produces safe cosmetics under current regulations. While no industry is perfect, the track record is exemplary. While there is a need to amend current cosmetics laws, there is no need for the overreaching and unduly burdensome regulations proposed by Ms. Malkan, the Campaign For Safe Cosmetics and the Environmental Working Group (which collects money through an Amazon affiliate account that pays commissions when consumers buy the products EWG says are killing them).
2. This legislation does not level the playing field. The fact that user fees do not apply to companies grossing less than $1M a year is unimportant. It’s the unnecessary and irrelevant testing that makes this bill so onerous and burdensome for all businesses, but small businesses in particular. This bill does not level the playing field. It put a road block on it — a road block that will decimate our nation’s small and independent cosmetics manufacturers the moment it becomes law.
3. The proposed testing in this legislation does not protect consumers. Under this bill as written, small companies may no longer be able to use, among other things, the following ingredients in their cosmetics: water, lavender essential oil, Vitamin E, shea butter and more, without first testing the ingredients for trace elements of hundreds of items. If such testing is to be done, it should not have to be done by small manufacturing companies using safe and desirable ingredients already. Forcing small companies to do this testing does not make cosmetics safer. It puts small companies out of business.
There are numerous other aspects of this legislation that are problematic for cosmetics companies, for consumers and for our nation.
I can make myself available to discuss this with you at your convenience. Thank you for making your blog available for open discussion and comment.
Finally a cosmetics bill has been introduced. How can anything be more important than not being poisoned by most of our products that we put on our body.
One question mentioned “Is this the time with all that is going on in our country?” Millions of people have sat through many disasters in this country waiting for this legislation. Some have waited decades– so waiting is not an option.
Cancer patients get help, heart patients receive help, but people that are being poisoned by these products get nothing in the way of medical care, compassion, we can’t work, and you just don’t hurt people for profit. It is not the American way that I grew up to expect.
My problem with these bills is I don’t hear anything as to compensating those that have had to endure this pain for so long. So many famous people have a fragrance on the market and all the while helping other countries– but are putting out a product that causes illness.
Millions suffer daily and cannot work while these corportations make huge profits making products that need regulation. We can’t trust these companies to just fix this problem on their own. Why didn’t they make the product safe in the first place?