The Safe Cosmetics Act of 2011 (H.R. 2359): Implications for the Cosmetics Industry
By DENNIS S. ELLIS, ADAM M. REICH & LILLIAN CHU
Regulation of the cosmetics industry has garnered significant national attention in recent months. On March 27, 2012, nine months after legislators introduced the Safe Cosmetics Act of 2011, H.R. 2359, a subcommittee of the U.S. House of Representatives convened a hearing about the current state of cosmetics. One day earlier, Reps. Dingell (D-MI) and Pallone (D-NJ) introduced a similar legislative bill, the Cosmetics Safety Enhancement Act, H.R. 4262. And just last April, Rep. Lance (R-NJ) introduced the Cosmetic Safety Amendments Act of 2012, H.R. 4395. While each of these bills is slightly different, their collective introduction is indicative of a referendum for reform that could profoundly impact the cosmetics industry.
This Client Alert discusses the current regulatory framework for cosmetics, analyzes the Safe Cosmetics Act of 2011, the bill that seemingly prompted the March 2012 House hearing and introduction of the two other bills, and offers related best practices and compliance advice to cosmetics companies.