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Why I Oppose H.R. 5786 Safe Costmetics Act of 2010

The Compact for Safe Cosmetics (CFSC) is co-founded by Stacy Malkan, author of Not Just a Pretty Face, her blog which promotes her book by the same name. Stacy Malkan is the
public voice and spokesperson for CFSC, who are fomenting fear that
could push the evolution of sensible personal care product manufacturing
into the legislative dark ages. Under the guise of protecting
Americans from cancer and other unknown maladies contracted from using
personal care products and cosmetics (currently one of the safest
industries), the CFSC exhibits ignorance and short-sightedness to
achieve a legislative agenda that if passed will undoubtedly result in
grave unintended consequences for small, emerging personal care products
companies.

Stacy Malkan may have started out a well-meaning advocate with a sad personal experience, but she and CFSC are throwing the baby out with the
bathwater. This has been pointed out to her by those actively engaged
in the personal care products industry; those who are aggressively
promoting safety and efficacy while moving into the 21st century with
sustainable, green ideas for the future. Admitting that she is not a
chemist, nor educated at all in cosmetic ingredient safety or
formulation, Stacy Malkan is attracting a host of celebrities and others
to the cause, perhaps also well meaning, who have absolutely no depth
of scientific knowledge to support what they are advocating. They
primarily depend on the Environmental Working Group’s Skin Deep Database.
This database has been challenged as insufficient, erroneous, out of
date and lacking clearly identified peer review by chemists, scientists
and formulators in the industry, as reported here.
EWG will call foul (not their scientists, but their lobbyists) that the
people who challenge the veracity of their database are employed in the
industry. Wouldn’t we expect that those of us in the industry would be
educated experts in our respective positions? Likewise, in Stacy
Malkan’s “Petroleum in Cosmetics” article on Huffington Post, she references a “new CFSC report” which has been thoroughly debunked by respected fragrance chemist Tony Burfield.
In that same article, she uses a totally unrelated NY Times article
about cancer causing food ingredients to support her Chicken Little
agenda regarding products applied topically. It now behooves Huffington
Post to allow a comprehensive rebuttal. And, although I am a great fan
of Amy Goodman, host of Democracy Now and allowing that she did host a debate
on the issue between Stacy Malkan and John Bailey the chief scientist
at the Personal Care Products Council, her coverage was not equally
represented from both sides of the issue. I am hoping she will revisit
with some of the colleagues I mention here.

Stacy Malkan and the CFSC are relentlessly bent on pushing for cumbersome and ineffective federal regulation that will surely thwart
the emergence of eco-conscious entrepreneurs rising up with progressive
ideas for sustainability, safety and efficacy in the personal care
products industry. These are the very people who are already at the
forefront of innovation and research to eliminate harsh synthetic
chemicals, but who are also realistic about using good science in the
process. Some of these entrepreneurs are unsuspecting company signers
on the CFSC who do not know that the CFSC agenda is acting against their
own interests because they have not been consulted as partners by those
at CFSC, as they should be, especially in the current pursuit that
could so gravely affect them. They are being used as pawns in a deadly
game, much to their possible detriment. CFSC has been parroting the
same tired old rhetoric that has failed to move the FDA Globalization
act of 2008 out of committee, and more sensible minds prevailed. Their
attempt to influence similar legislation at the state level in Colorado.
failed as well. You can see my blog post
at the time and links to other sensible personal care products
companies who rallied to help defeat the Colorado bill. CFSC is
relentlessly at it again in an attempt to achieve their goal of
establishing into law the Safe Cosmetics Act of 2010, recently introduced into the House by Reps. Jan Schakowsky, D-Ill., Ed Markey, D-Mass., and Tammy Baldwin, D-Wisc.

Among those who will be adversely affected are myriad handmade soap makers, most of whom make soap like your grandmother did. The
requirements to register and identify all ingredients (whether
potentially toxic or not) would place an undue reporting burden on these
small businesses (sometimes one or two-person operations), Even though
they would be exempt from registration fees unless their business
grossed $1M in annual sales under this new legislation, the cost of
research and reporting could be too costly and force them to close their
doors. Who wants to see this in our current economy? This smaller
segment of the indie personal care products industry now supports an
active Handcrafted Soap Makers Guild, whose president had this to offer
regarding the proposed SCA bill.

Colleagues Kristin Fraser Cotte and Lisa M. Rodgers founded the Personal Care Truth website which contains myriad articles and information attesting to the
diligence and integrity of companies in the personal care products
industry with regard to product safety and scientific clarity and
veracity. You’ll also find lively conversation between at least one lobbyist from EWG and some of my colleagues. The lobbyist is clearly factually outgunned.

You can go to Open Congress to register your support or nonsupport of the current federal bill, as
well as read and rate the linked blogposts related to the bill.

Samara Botane is one of many aromatherapy companies who are passionate about safety and efficacy. Our own website is growing with
factual scientific information about essential oils and related personal
care product ingredients, and we make ourselves available to anyone who
wishes to learn more. In addition to this blog, which is primarily
aimed at our customers, we host and contribute to aromaconnection.org,
a group blog which has more scholarly information relative to the
worldwide aromatics industry. I see the same ethical passion among my
indie peers engaged in the small indie personal care products industry.
CFSC has, perhaps inadvertently, created an adversarial relationship,
positioning themselves as experts when they are not and refusing to form
cooperative relationships with the true experts in the industry and far
more shameful, exploiting the companies who support them by not
informing them of the surely damaging consequences of their agenda.
Shame on them.

Views: 2

Tags: CFSC, FDA, Regulation

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Comment by Bill & Kathleen Manganaro on August 25, 2010 at 3:11pm
I am soooooo pissed about this incredible farce. Where are the people who are being injured each and every year because of the so-called terrible ingredients in todays cosmetics?!?!? This bill is another attempt at power grabbing in an industry that is not already over-regulated. Thanks to the big government, liberal progressives out to socialize every area of America, we are going to be put out of business at a time when the country needs as many successful businesses as it can get! If HR 5786 was designed to protect the public (which it is NOT) they would have simply developed a list of chemicals that would be banned in the production of cosmetics, done, end of story, but no, they aren't interested in protecting the public, they are seeking control over more Americans and in more ways. If you are a supporter of this piece of garbage legislation, you are a moron or just too dang stupid for your own good. THIS BILL MUST BE FOUGHT EVERY STEP OF THE WAY. If I can do anything about this, please let me know, I'm fighting mad and I'm not going to take it any more and neither should you!!!
Comment by Marcia Elston on August 7, 2010 at 5:13pm
Erin, Robert,
There is a healthy online effort to challenge blogs and online articles/websites, using good science and other reasons. Donna Maria and several indies traveled to DC recently and met with staffers of the co-sponsors of the bill. Donna Maria has also rallied the state representatives who can be found by going to the Advocacy Leaders tab at the top of the page. A good repository to keep up to date is: http://www.personalcaretruth.com/ where you will find myriad blog posts and articles, along with links to the blogs of authors who generally have more than one blog up. Donna Maria has also launched http://www.OpposeSCA.com to coach indies, with a link to a petition (now with over 3,400 sigs). Teams are coalescing, contact your IBN Advocacy Leader. If there isn't a Advocacy Leader in your state, sign up and volunteer to be one.
Comment by Erin Lee on July 30, 2010 at 3:02pm
Thank you so much for posting this! Two of my "Oppose HR 5786" blogs were picked up by OpenCongres and I was ELATED to get that opportunity to share my reasons for opposing this horrid legislation with their readers. I had attempted to write comments on the CFSC facebook page, but my comments were removed immediately each time. My comments DO show up on my FB page, and were not rude, offensive, vile or hateful. I simply stated that I opposed this legislation that will put so many of us soapcrafters out of business. I have heard from CFSC members who have tried to "quit" and have received no response. CFSC is clearly not representing the best interests, or opinions of it's members. We need someone on the "oppose HR5786 side" to create our own "stick figure" You Tube video telling the REAL truth about cosmetics, scare tactics and this legislation.
Erin, owner The Natural Bar Soap Company, http://barsoapnatural.com/blog/
Comment by Robert Goodman on July 30, 2010 at 1:56pm
It's hard to advance when you're playing defense only. Is there anything we could do to counter-attack? Anybody in position to introduce deregulatory legislation that would force the other side to play defense?

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