Do you enjoy our beauty products or those of other small beauty businesses?
I LOVE creating amazing products for you, but there’s some legislation in the works that may prevent us all from keeping our businesses! Yikes!
I don’t mean to sound dramatic, but a bill called The Safe Cosmetics Act of 2010 (HR 5786) was submitted several weeks ago. Let me first say that I am, of course, for “safe cosmetics.” That is why I have the business that I do. I keep the ingredients basic, good and safe for your skin. What this bill is proposing is far reaching, not based on science and will stamp out all small and micro beauty companies.
The things in this bill that I believe threaten our businesses:
1. Labeling. The way it goes now, a manufacturer must label their products with everything that is in the formulation in descending order and in the INCI (International Nomenclature of Cosmetic Ingredients). Items in the mix that are less than 1% can be listed at the end in any order (but they must only be 1% of the formulation or less). The way HR5786 is written, a manufacturer must first do testing for trace elements (a costly and business-ending element of this bill) and list every item found. The problem is that these days, the testing is so good, it finds trace elements to the billionth that are in each ingredient in your product. So, here’s an example that Donna Maria Coles Johnson of Indie Business took to Washington DC last week.
A basic lotion bar ingredients deck (what they call it in the beauty biz):
Current labeling: Olea Europaea (Olive) Oil, Theobroma Cacao (Cocoa) Seed Butter and Lavandula Angustifolia (Lavender) Oil.
If HR 5786 is passed:
Olive Oil (Tri-Glycerides of Palmitic, Di-Glycerides of Palmitic, Palmitoleic, Stearic, Oleic, Linoleic, Arachidic Acid, Linolenic Acid, Squalene, Beta Carotene, Campesterol, Methylenecholesterol, Stigmasterol, Sitosterol, Fucosterol, 28-Isofucosterol, Stigmadienol, Brassicasterol, 7-Cholestenol,Ergostadienol, Avenasterol, Triterpene Alcohols, Tirucallol, Taraxerol, Dammaradienol Beta-Amyrin Germanicol, Butyrospermol, Parkeol, Cycloartenol, Tirucalladienol, 4-Methlene 24-Dihydroparkeol, 24-Methlenecycloartanol, Cyclobranol, 4-Methyl Sterols, Esters of Tyrosol, Esters of Hydroxytyrosol, Vitamin E (Tocopherols), Carotenoids, Oleuropein), Cocoa Butter (Tri and Diglycerides of Stearic Acid, Palmitic Acid, Lead, Oleic Acid, Linoleic Acid, Isoleic Acid, Beta Carotene, p-Hydroxybenzoic Acid, Vanillic Acid, Ferulic Acid, Syringic Acid, Phenylehtylamine, Theophylline, Aliphatic Esters, Aromatic Carbonyls, Caffeine, Theobromine, Diketopiperazines and Alkylpryazines), Lavender Essential Oil ( Cineole Octanol, Octanone, Alpha Bisabolol, Alpha Cadinol, Alpha Humelene, Alpha Phellandrene, Apha Pinene, Alpha Terpinene, Alpha Terpineol, Alpha Terpinyl Acetate, Alpha Thujene, Alpha Thujone, Beta Bisabolol, Beta Pinene, Beta Thujone, Borneol, Bornyl Acetate, Camphene Camphor, Cineolealpha Terpineol, Carvone, Caryophyllene, Carophyllene Oxide, CIS Alpha Terpineol, CIS Alpha Bisabolene, CIS Carveol, CIA Linalol Epoxide, CIS Ocimene, Citronellal, Citronellol, Coumarine, Cuminaldehyde, Eugenol, Furfural, Geraniol, Geranyl Acetate, Geranyl Butyrate, Hexanol, Hexyl Tiglate, Isoborneol, Lavandulol, Lavandulyl Acetate, Limonene, Linanlol, Linalyl Acetate, Methyl Heptenone, Myrcene, Nerol, Neryl Acetate, Oleanolic Acid, P Cymene, Rosemarinic Acid, Sabinen, Terpinenol, Terpinolene, Trans Carveol, Trans Epoxy Linalyl Acetate, Trans Linanol Epoxide, Trans Ocimene, Ursolic Acid).
This is a three ingredient product! Imagine what a product with more ingredients would look like! Probably 200 trace elements for each ingredient.
When our Indie Beauty Business members met with the staffers last week in Washington DC, they showed this list to them and their jaws dropped. The list of ingredients would be impossible to fit on a label, it would confuse, you, the consumer and it would be MORE difficult to understand what was in each product. I believe in “full disclosure,” but this is ridiculous!
2. Testing. The testing requirement for this bill would make it mandatory for small businesses to do testing of their final product formulations for trace elements. As I mentioned before, this would kill micro businesses like mine and many others just for the cost of such a requirement. For example, there are naturally occurring trace elements of formaldehyde in an apple. According to this bill, you could not put apple in your beauty products because of the trace element of formaldehyde. But you can eat an apple? Makes no sense. Regulating cosmetics more than food is insane!
Since 2005, I have offered safe products that help you look, feel and smell great. I pride myself on the safe products I make, and on how they help enhance your life. My ability to continue to create the products you love is in jeopardy. A few more of the adverse effects of this bill, if it becomes law are:
(1) you will have to pay higher prices
(2) you will not be able to buy as many products made with natural ingredients online or at your favorite boutiques, specialty stores or Farmer’s Markets; and
(3) You will have less choice and you will likely be more confused.
Please join me in opposing this law, or, at the very least, reading and perhaps signing this petition against it. You will be taking a stand for woman-owned small businesses nationwide, and advocating for the right to continue to make the (already safe) products you love so much?
Here’s what you can do:
1. Please sign the Petition Opposing the bill. (You do not have to sign in to sign the Petition.) The petition is easy to understand, with 7 bullet points quickly describing how this bill would hurt my business (and other personal care businesses) without any benefit to you, my customer. As I write this note to you, over 3036 companies, customers and other interested parties have signed the Petitio
2. If you are on Twitter, please follow the #OpposeSCA hashtag. This is an easy way to keep up with the latest news and blog posts on the issue. I hope you will comment on some of the posts written by me and my beauty industry colleagues, and even ReTweet us from time to time we advance our interests together.
3. Vote “Opposed” in the Open Congress poll. This poll is maintained by a non-profit organization, and it housed on a page displaying the image of Rep. Jan Schakowsky, a co-sponsor of the bill. You do have to sign in the vote, but it only takes a second, and our elected officials look at these poll numbers so every poll vote counts!By the way, if you have time, please tell your friends and family members in other states. The bill is co-sponsored by Reps Jan Schakowsky, (D-Il), Ed Markey, (D-Ma), and Tammy Baldwin, (D-Wi), so you can focus particularly on those states if you’d like, but don’t be limited by that. Elected officials in all 50 states will likely be asked to vote on this bill!
Thank you for your time, interest and participation! I love creating wonderful products for you and would like to continue to do so!
Jennifer Hardaway
KleanSpa