The Organic And Sustainable Industry Standards association maintains that litigation and quibbling over certification criteria are counterproductive, in that ultimately it is the consumer who loses out.

During an Aug. 4 interview with "The Rose Sheet," Gay Timmons, owner of ingredient supplier Oh, Oh Organic and a founding director of OASIS, noted that currently there is no certification program in the U.S. to which personal care can be certified "organic" outside of the U.S. Department of Agriculture's National Organic Program.

Originally conceived for food, the NOP was broadened to include cosmetics in 2005, though many in the industry say it is ill-suited to cover such products.

Private standards such as OASIS have sprung up to offer manufacturers what they claim are requirements tailored specifically to cosmetics, which USDA currently does nothing to discourage.

"Maybe it's not perfect, but at least if you have private standards you can choose a private standard that has a level of transparency where you can go on the Web site, read the standard, ask people what it means and demand a level of accountability from a certifier," Timmons said, adding: "We can't even do that now."

OASIS currently is embroiled in a lawsuit in California with Dr. Bronner's Magic Soaps over its proposed standard for organic body-care products, which according to Bronner's falls short of consumer expectations and helps to create an unfair business environment.

OASIS is proceeding in appeals court with its argument that the Bronner's suit is a classic SLAPP, or a "strategic lawsuit against public participation" in a debate over issues of public interest--namely, what exactly constitutes "organic" personal care (¹ Also see "OASIS Argues Its Free Speech Rights Are Infringed By Dr. Bronner’s Lawsuit" - HBW Insight, 8 September, 2008.).

In the meantime, OASIS has been accumulating members, "acting as a trade association in terms of having a voice and keeping them informed," Timmons explained.

No brand has been certified yet to the OASIS standard, however.

"We're doing due diligence. Why would you put somebody in harm's way if Mr. Bronner's going to turn around and sue people?" Timmons said.

Generally, OASIS' position in the debate, according to Timmons, "is that creating standards is a process that takes [time], and until you can actually go through the process of certification and having the marketplace respond to that, it's hard to know what's proper."

The group points to the fact that following passage of the Organic Foods Production Act of 1990, it took roughly a decade for USDA and the organic foods industry to arrive at a harmonized set of standards based on the numerous third-party certification schemes that had cropped up around organic farming.

The existence of so many different standards prior to their consolidation and adoption under the NOP gave an indication--based on market experience--of which requirements worked and which did not, Timmons noted.

"The other thing it did was it created [organic] inspectors, it created people who were trained in the particular areas that needed service, it created trade associations, it created a consumer voice [and] it created products," the Oh, Oh Organic owner said.

In addition to OASIS, NSF International has introduced a standard for organic-based products, but its program offers no seal for products seeking full-fledged organic status.

Dr. Bronner's initially hailed the standard as a "responsible compromise" but has since changed its tune, particularly after USDA requested a title change to avoid confusion (² Also see "Organic Consumers Group Preparing Boycott Of Non-USDA-Sealed "Organic"" - HBW Insight, 27 July, 2009.).

Originally targeted to personal-care products "made with organic ingredients," a category the NOP also covers, NSF's standard will now be titled "NSF/ANSI 305: Personal Care Products Containing Organic Ingredients."

Timmons agrees that what ultimately emerged from the "contentious" NSF consultation process is "not a very good standard. There are a lot of problems with it."

However, standards must evolve, and they have to start somewhere, Timmons suggested. "You make your first try, then you fix it," she said.

"But if nobody's going to get certified to it, there's not going to be a reason to fix it. It's just kind of a waste of energy. [Bronner's has] created all this antipathy toward certification--fear of certification. That's really what I see right now, and I think it's really a shame," Timmons said.

A planned boycott of organic "imposter" products, which the Organic Consumers Association may launch this fall, would exclude items certified according to NSF's criteria (³ Also see "Organic Consumers Group Preparing Boycott Of Non-USDA-Sealed "Organic"" - HBW Insight, 27 July, 2009.).

Marketers of such products would be listed on OCA's Web site as part of a "buycott" effort, along with brands certified to USDA's standards.

Brands falling outside of those lines--which would include many of the brands associated with OASIS--would be listed as names to avoid.

Timmons is unfazed. She says that conversations with her customers have given her no reason to be alarmed by OCA's talk of boycott.

With regard to similar campaigns launched in the past, "when I ask my clients, what I usually hear is that they'll see a little blip on their numbers radar and then it will go away," the organic ingredient dealer said.

- Ryan Nelson ( ⁴ r.nelson@elsevier.com )

OASIS Upholds Value Of Private Organic Standards, Points To Food History

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