Earlier this month, HBO Max aired an important series about toxic ingredients in cosmetic products. The series also examined the professional beauty industry and the health effects to workers exposed to toxic ingredients.
Toxic ingredients are found in cosmetics and other personal care products. The toxic chemicals used in them have been linked to a wide range of health problems, including ovarian cancer, breast cancer, early-onset puberty, fibroids and endometriosis, miscarriage, poor maternal and infant health outcomes, diabetes and obesity, and more. As I noted in Not So Pretty, "There is a loophole in federal regulation that allows industry to use almost any ingredient and label it as 'fragrance.'"
The HBO Max documentary Not So Pretty is available to stream now.
Cosmetics and other personal care products are regulated by the U.S. Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act (FFDCA) of 1938, which forbids adulterated or misbranded cosmetics in interstate commerce and provides for seizure, criminal penalties, and other enforcement actions for violations. A separate law, the Fair Packaging and Labeling Act (FPLA) of 1966, requires cosmetics to carry an ingredient declaration to help consumers make informed purchasing decisions.
But these laws do not go nearly far enough to protect consumers of cosmetics, most of whom are women.
Unlike drugs, medical devices, and other products regulated by the FDA, most cosmetic products and ingredients are not subject to FDA premarket approval. Instead, cosmetic manufacturers are responsible for substantiating the safety of their products and ingredients before they go to market. As you can imagine, they have little incentive to do a thorough job.
Because of these lax regulations, the cosmetics industry has been largely self-regulated for more than a century. As a result, carcinogens and reproductive and developmental toxins are present in cosmetic and personal care products — with no government oversight — and America's women are paying the price with their health and their lives.
Few Legal Requirements
The problems go beyond harmful ingredients.
The industry has few legal requirements protecting against toxic contamination in workplaces. In nail salons, for example, virtually no regulations protect workers, most of whom are low-income immigrant women of color. Chemicals like formaldehyde, Isopropyl acetate, and acetone can be found in these workplaces.
There is no FDA premarket assessment of nail products before they are bought by nail salon owners and managers and sold to customers. Nail product companies can choose not to disclose the ingredients in salon products. And indeed, they rarely do so.
Research shows that salon workers are at greater risk for certain health problems than workers in other occupations. Salon workers face a disproportionately high incidence of cancers, neurological diseases, immune diseases, birth defects, reproductive disorders, skin diseases, asthma, and breathing problems. They're also at great risk of a host of other problems, such as skin conditions, asthma, depression, dementia. And they're more likely to miscarry and give birth to babies with cleft palate and other conditions.
The FDA is in charge of regulating the cosmetics industry, but the federal laws governing these products (the Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act (FPLA) of 1966) have not been updated, since their enactment.
We need stronger federal laws and regulations to prevent toxic products from entering the market and to hold companies accountable for marketing and selling products that are harmful to consumers and workers. America's women are depending on it.
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Marcha Chaudry | April 26, 2022
Earlier this month, HBO Max aired an important series about toxic ingredients in cosmetic products. The series also examined the professional beauty industry and the health effects to workers exposed to toxic ingredients. Toxic ingredients are found in cosmetics and other personal care products. The toxic chemicals used in them have been linked to a wide range of health problems, including ovarian cancer, breast cancer, early-onset puberty, fibroids and endometriosis, miscarriage, poor maternal and infant health outcomes, diabetes and obesity, and more. As I noted in Not So Pretty, "There is a loophole in federal regulation that allows industry to use almost any ingredient and label it as 'fragrance.'"
Daniel Farber | April 25, 2022
Last week, the White House undid an effort by the Trump administration to undermine the use of environmental impact statements. The prior rules had been in effect since 1978. Restoring the 1978 version was the right thing to do. The Trump rules arbitrarily limited the scope of the environmental effects that the U.S. Environmental Protection Agency (EPA) can consider under the National Environmental Policy Act (NEPA). Their goal was clearly to prevent consideration of climate change.
Jake Moore | April 22, 2022
In October 2022, the Clean Water Act will turn 50. Though heralded as a crowning environmental achievement, some argue it's a costly and ineffective law. Half a century later, what has it achieved, and what can policymakers improve?
Michael C. Duff | April 21, 2022
It might not be easy to get to the merits of United States v. Washington. A funny thing happened on the way to oral argument: The state of Washington modified the 2018 workers' compensation law at the center of the case, raising the prospect that there is no longer a live dispute for the justices to resolve.
Minor Sinclair | April 21, 2022
I'm hopeful the recent disco revival won't last but that other resurging movements of the 1960s and '70s will. That era saw the birth and explosive growth of the modern environmental movement alongside other sweeping actions for peace and equality. Public pressure led to critical environmental laws that continue to protect our natural resources and our health and safety. In 1970, Congress created the U.S. Environmental Protection Agency and enacted the Clean Air Act, which authorizes the federal government to limit air pollution, and the Occupational Safety and Health Act, which established the first nationwide program to protect workers from on-the-job harm. Two years later came passage of the Clean Water Act, a landmark amendment to existing anti-pollution law that requires our government to restore and maintain clean and healthy waterways across the land. That was some era -- the last great upsurge of government protections.
Brian Gumm, Minor Sinclair, Robert L. Glicksman, Sidney A. Shapiro | April 18, 2022
We're sad to share the news that long-time Center for Progressive Reform Member Scholar Dale Goble passed away at his home on April 14. Scholars and staff alike appreciated his warm presence at our scholars' meetings, and he brought a wealth of knowledge to the fields of wildlife and conservation law. When the founders of CPR were reaching out to the nation's leading progressive scholars, we were so pleased that Dale agreed to join. His humanity, his dedication to protecting public lands and wildlife, and his participation in CPR will be sorely missed.
Michael C. Duff | April 15, 2022
Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. This principle is known as intergovernmental immunity. Congress may waive this federal immunity, however, and the scope of that principle is the major issue in Monday’s oral argument in United States v. Washington.
Caitlin Kelly | April 14, 2022
In 1971, Iowa highway construction workers uncovered 28 human remains. Of these, 26 were white, and two, a mother and her baby, were Native American. The white remains were buried in a local graveyard, while the Native American remains were sent to a local university for study. This decision was typical in the context of the past centuries' patrimonial laws, scientific racism, and outright genocide. In this case, however, a tribal member named Maria Pearson successfully pushed for both the return and proper burial of the Native American remains and the passage of a state law guaranteeing equal treatment of the remains of Native Americans and other peoples. Pearson and other advocates continued lobbying for federal protection of their cultural items. In 1990, because of their efforts, Congress passed the Native American Graves and Repatriation Act ("NAGPRA"), which provides a framework for federally recognized Native American tribes and Native Hawaiian Organizations to reclaim ancestral remains and associated objects from entities that receive federal funding.
Daniel Farber | April 12, 2022
The Trump administration left a trail of regulatory destruction behind it. Cleaning up the mess and issuing new regulations is Priority #1 for the Biden administration. Under U.S. Environmental Protection Agency (EPA) head Michael Regan, the effort is beginning to pick up steam.