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2018 In Review: US Midterm Mania Stifles Cosmetics Regulatory Reform Momentum

 
• By Lauren Nardella and Ryan Nelson

Despite repeated stakeholder assertions of being “closer than ever” to modernizing cosmetics regulations, the 115th Congress ended with reform legislation stranded in committee. The Personal Care Products says midterm elections diverted lawmakers’ attention from unresolved issues, likely including possible preemption terms to put a lid on growing state and local requirements.

HBW Perspectives 2018 to 2019

“Something’s going to happen,” said former FDAer turned industry consultant John Bailey last May regarding legislative efforts to update federal cosmetics regulations.

And that may be true, but it did not happen in the 115th Congress.

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More from Legislation

Cosmetics Industry: Push Congress To Apply Pressure On MoCRA – Attorney

 
• By Eileen Francis

The US cosmetics industry, particularly small- and medium-sized businesses, should reach out to their representatives in Congress to encourage pressure on the US Food and Drug Administration to implement cosmetics reform, despite agency staff cuts.

No Longer Voluntary, MoCRA Drives Drastic Increase In Registered Companies, Products

 
• By Lauren Nardella

Preliminary registration data released by FDA offers a first glimpse of the Modernization of Cosmetics Regulation Act’s impact on information the agency has at hand.

WA Regulators Open Rulemaking On Cosmetic Lead Limits; Provide Safe Harbor Under TFCA

 
• By Eileen Francis

The Washington State Department of Ecology publishes ‘Interim Policy on Lead in Cosmetics’ which provides safe harbor options for cosmetic products struggling with the 1ppm limit under the state’s Toxic Free Cosmetics Act, while the department gathers information under a newly opened rulemaking to ‘identify a feasible approach to regulating lead in cosmetic products.’

WA State Regulators Haven’t Softened Stance On Preservatives, Provided Clarity On Penalties As TFCA Effective Date Nears

 
• By Eileen Francis

The Washington Department of Ecology hasn’t backed down on its targeting of formaldehyde-releasing preservatives under the state’s Toxic-Free Cosmetics Act, as industry still awaits a draft final rule. In a recent webinar, attorney Angela Deisch of Amin Wasserman Gurnani, LLP said the department has also not provided clarity on penalties under the law, which goes into effect 1 January.

More from Policy & Regulation

Beauty Industry Not Taking Advantage Of CBP’s Duty Drawback – IBA Conference

 
• By Eileen Francis

US Customs and Border Protection’s program allowing companies to recoup fees for imported goods that were destroyed or exported is applicable in the case of most of President Trump’s reciprocal tariffs. However, most cosmetic companies don’t make use of it.

Beauty Firms Confused By State EPR Laws Have New Resource: EPR Academy

 
• By Eileen Francis

Beauty and personal care companies are struggling with compliance with state Extended Producer Responsibility laws, given the outstanding number of stakeholders that have still not registered products with Oregon’s EPR law, the first to go into effect.

Supreme Court 1935 Ruling Limiting Executive Authority On Appointments ‘Unravels’ Today – DoJ

 
• By Malcolm Spicer

In complaint and response to motion to dismiss, Rebecca Kelly Slaughter’s and Alvaro Bedoya’s attorneys elaborate on Supreme Court ‘s 1935 decision, Humphrey’s Executor v. US. Administration attorneys, though, contend the ruling isn’t relevant to the current FTC.