Legislation to tighten cosmetics oversight in the U.S. is likely to resurface in the 113^th Congress, and the Natural Products Association aims to have a voice in shaping bill language.

Over the past six months, the trade association has been familiarizing itself with proposed regulatory changes and soliciting feedback from members regarding areas of highest concern.

NPA is setting the stage with legislators and introducing its cosmetic committee “so we can make sure that [in 2013], we can work with them as to what language does work for the natural and organic industry.” – NPA’s Cara Welch

“We wanted to make sure that we had a seat at the table … to make sure we were advocating on behalf of the natural and organic cosmetic members of NPA,” Cara Welch, the group’s senior vice president of scientific and regulatory affairs, said in a Dec. 6 interview with “The Rose Sheet.”

NPA began laying the groundwork in mid-2012 for a more active advocacy role in personal care with the development of a dedicated member committee Also see "NPA Assumes Expanded Role: Advocate For Natural Cosmetics" - HBW Insight, 2 July, 2012..

According to Welch, the committee – made up of both raw material suppliers and finished product manufacturers – “hit the ground running” as it assessed the legislative proposals already in play.

“The committee feels that [legislation] moving is a foregone conclusion and we want to make sure that we are moving with it and directing in the direction that we can be comfortable with,” Welch said. “We want to make sure we are prepared” in 2013.

NPA is working to meet with staffers from the offices of Reps. Jan Schakowsky, D-Ill., Frank Pallone, D-N.J., and Leonard Lance, R-N.J. – all of whom sponsored cosmetics legislation in the 112^th Congress, introducing the Safe Cosmetics Act of 2011, Cosmetics Safety Enhancement Act of 2012 and Cosmetic Safety Amendments Act of 2012, respectively.

“We’re setting the stage with them, introducing who NPA is, who our cosmetic committee is and what we feel about the bills from last year so we can make sure that [in 2013], we can work with them as to what language does work for the natural and organic industry,” Welch said.

Schakowsky in particular has been an active proponent of cosmetics legislation in recent years. “She’s obviously willing to discuss her language with stakeholders in the industry, and she’s really looking to get something that will pass and strengthen the cosmetics industry as a whole,” Welch said.

While personal-care lobbying is relatively new to NPA, the group’s connections and experience in representing the dietary supplement industry’s interests on Capitol Hill should help it to make inroads with legislators.

“We already have those relationships in place,” Welch pointed out, adding that NPA now is focused on “building on them, broadening them from just dietary supplements into cosmetics as well.”

She noted that Pallone is co-chair of the Dietary Supplement Caucus.

“We have a really good working relationship with his staff already, and it’s really easy to transition from a dietary supplement topic into a personal-care or cosmetics topic,” Welch said.

NPA also looks to collaborate with the Personal Care Products Council.

“We’d love to work with [the Council] one day. They’ve made great strides in the industry,” the exec said. “We want to make sure that we can be in touch with them so that if need be, we can bring the voice of natural and organic cosmetics specifically.”

NPA Eyes Key Provisions

In 2012, NPA’s cosmetics committee worked to establish its positions on specific provisions in the three legislative plans.

As many NPA members are small companies with limited resources, proposed programs for implementing Good Manufacturing Practices are prominent blips on the group’s radar.

“It can be a very big step to build a GMP program for a natural product firm,” Welch explained. “There’s a ton of companies that are very small, so we need to make sure that we start working with [legislators] immediately to make sure that whatever goes into place is something small companies are comfortable enacting, or gives them a little more time to come under the new regulations.”

She said NPA has an extensive history working on GMPs for dietary supplements and “can transition that into a good resource for personal-care companies having to implement GMPs.”

NPA also is concerned that small companies could be hit especially hard by user fees proposed in the Schakowsky and Pallone bills, which called for user fees to be collected from cosmetics manufacturers through facility registrations and other activities Also see "Cosmetic User Fees, FDA Warnings, California: Top “Rose Sheet” Topics Of 2012" - HBW Insight, 24 December, 2012..

The prospect of mandatory adverse-event reporting, as proposed by cosmetics bills in the 112^th Congress, also has NPA’s attention. While it is an added cost for firms, “consumer safety is of the utmost importance, so if we need adverse-event reporting, by golly [we’re] willing to consider it,” Welch said.

Meanwhile, NPA will push for federal preemption to ensure a consistent regulatory environment across state lines.

The trade association also will keep an eye out for reintroduction of two bills from Florida Democratic rep Ted Deutch – the Carcinogen-Free Label Act and the Cancer-Free Label Act.

The Carcinogen-Free Label Act, introduced in November, proposes a voluntary labeling system to help consumers identify consumer products that are free of ingredients with suspected cancer links Also see "“Carcinogen-Free” Labeling Bill Could Impact Cosmetics Industry" - HBW Insight, 26 November, 2012..

“That’s definitely going to hit cosmetics,” Welch said. “Any additional labeling requirement is always something we need to be cognizant of. … We need to look at how the legislation would be implemented, what rules would be in place for labeling and making sure there’s appropriate time if relabeling is needed.”

Seal Program, Awareness Grows

NPA’s Natural Standard and Certification Program, which awards a seal that can be worn by personal-care products meeting requirements for natural formulation, has seen significant growth over the past few years.

NPA has certified approximately 100 new products each year over the last three to four years, and many companies are now having their products certified for the second or third time, according to Welch.

The trend speaks to manufacturers’ acceptance of NPA as an authority in natural certification, but NPA faces challenges in communicating the significance of its seal to consumers.

“We really feel that our definition of the natural personal-care product is generally accepted by the U.S. cosmetics industry,” she said. “Now, that’s a different story when you get down to the consumer level.”

Muddying the market picture and likely adding to consumer confusion is the fact that personal-care products can carry natural claims even if they haven’t met or been certified to specific standards.

“It’s frustrating for those who are actually putting the time and effort into formulating truly natural products,” Welch remarked.

With NPA primarily focused on supporting its members, consumer outreach has not been a leading priority. Nor is the group in a position to police the natural products marketplace for uncertified claims.

“A lot of the weight then gets put on the manufacturers to promote the seal to their own customers, and we benefit from that,” Welch said.

As more firms certify products to NPA standards, they generate excitement for the program, which raises public awareness of NPA’s seal, she explained.

“It’s really exciting because we see that this is something that’s working for them, and it’s working for consumers that are purchasing our products,” Welch concluded.

NPA Seeks “Seat At The Table” In Drafting Cosmetics Legislation In 2013

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