Two senators recently introduced the Personal Care Products Safety Act, a bill that would significantly expand FDA's authority over cosmetics. Currently, FDA has the authority only to ask companies to voluntarily recall cosmetics, and the current scheme does not require manufacturers to disclose adverse health effects reporting by consumers. Senators Dianne Feinstein of California and Susan Collins of Maine are promoting the proposed bill as a measure to "protect consumers and streamline industry compliance" by strengthening FDA's authority over cosmetics. Senator Feinstein's press release further justifies the bill by saying that "[c]onsumer and health advocates are concerned about the use and concentration of some chemicals in personal care products," such as formaldehyde and propyl paraben.
Among other things, the proposed legislation would require FDA to evaluate a minimum of five ingredients per year to determine their safety and appropriate use and establish a review process to provide companies with clear guidance regarding the permissibility of certain chemicals, appropriate concentration levels, and consumer warnings. The proposed bill would also require companies to report "serious" adverse health effects (e.g., death, life-threatening experience, inpatient hospitalization, etc.) reported by consumers and would give FDA authority to force recalls.
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