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House Cosmetic Bills Conflict On Preemption, Cast PCPSA As Compromise

 
• By Ryan Nelson

Tucker Ellis attorney Ronie Schmelz discusses preemption language in the discussion draft from New Jersey congressmen Frank Pallone and Leonard Lance, which actually just confirms that state regulations could continue unchecked. The proposal could identify the Personal Care Products Safety Act in the Senate as the compromise between no preemption and the blanket preemption clause in another House draft bill.

Capitol House

Two cosmetics reform proposals in the House represent federal preemption extremes – one threatening to bar states from regulating almost any aspect of the cosmetics sector and the other giving them virtual carte blanche – which could position the Personal Care Products Safety Act in the Senate as the compromise.

Speaking on the discussion draft released Sept. 14 by Reps. Frank Pallone, D-N.J., and Leonard Lance, R-N.J

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