FDA cosmetics regulation: What's the answer?

9-Dec-2016

Sharon Blinkoff explains why she supports the Pete Sessions bill for cosmetics regulation in the US

With two competing bills proposed, the industry is divided over how the FDA should regulate sales of cosmetics and personal care products in the US. Sharon Blinkoff, Counsel at Venable LLP, explains why she supports the Pete Sessions Bill.

How we got here

Before discussing the differences between the two pieces of legislation that are currently pending in the US Congress on modernization of the FDA laws governing Cosmetics, the Feinstein/Collins Bill and the Sessions Bill, it may be useful to understand the genesis of these two Bills.

After negotiations between industry and the FDA on modernization broke down, Senator Feinstein undertook to move a Bill forward. In contrast to this initiative, the Sessions Bill was based on an earlier Bill that had full industry support.

The Feinstein/Collins Bill

The Feinstein/Collins Bill, which evolved from Senator Feinstein’s office working with activists and some of the large multinational cosmetic corporations, proposes to grant the FDA far greater authority over cosmetics than the current law, and greater authority than the FDA has over dietary supplements and monographed over-the-counter drugs.

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