The future of the beauty industry may be a bit brighter with the recent introduction of two pieces of legislation: Federal House Resolution 4395 (HR4395) and Alabama House Bill 664 (HB664). Professionals from all beauty sectors are encouraged to learn more and join PBA in supporting these important pieces of legislation.

New Legislation Aims to Advance Federal Oversight, Modernize Cosmetic & Personal Care Product Regulations

The “Cosmetic Safety Amendment Act of 2012,” (HR4395) recently introduced by Representative Leonard Lance (R-NJ) would modernize and strengthen regulations to provide greater transparency to consumers, establish the FDA as the primary regulatory authority on cosmetic safety, and allow the industry to continue to innovate and grow.

HR4395 would amend the Federal Food, Drug, and Cosmetic Act to establish new procedures and requirements for the registration of cosmetic product manufacturing establishments, the submission of cosmetic product and ingredient statements, the reporting of serious and unexpected cosmetic product adverse events, and other purposes.

Summary of key points included in the legislation:

Enhanced FDA Registration
Requires that personal care product manufacturers that market products in the U.S. comply with the following:

  • Register all facilities where those products are manufactured.
  • File product ingredient reports disclosing ingredients used, consistent with current guidelines.
  • Report any serious unexpected adverse event with a product experienced by a consumer.

New Process to Set Safety Levels for Trace Constituents
When requested, or on its own initiative, FDA would be required to establish safe levels for trace constituents in cosmetic ingredients and products.

New FDA Ingredient Review Process
Once a request has been made, or FDA determines a review is warranted, the agency would be required to make a determination about the safety of any ingredient intended for use in a personal care product and set safe-use levels for such ingredient on a specified time table.

New FDA Oversight of CIR Findings
FDA would be required to review current and future findings on the safety of cosmetic ingredients by the Cosmetic Ingredient Review (CIR) Expert Panel and determine if these findings are correct.  If there are instances in which it determines a CIR finding is unsupported, FDA would determine by guidance or regulations if, or under what conditions, the ingredient can be used safely in cosmetic products.

FDA-Issued Good Manufacturing Practices
FDA would establish industry-wide “Good Manufacturing Practices” requirements.

National Uniformity
FDA’s new regulatory authority would preempt similar state legislation for cosmetics and personal care products.

Alabama Pushes to Strengthen Regulation of Barbers

Alabama State Representative Kurt Wallace (R-Maplesville) has introduced HB664 to expand the Alabama Board of Barbering and Cosmetology.

Cosmetologists, the second largest licensed profession in the state, are regulated by the Alabama Board of Cosmetology, which conducts regular inspections and requires professional education and training. The bill would expand the Alabama Board of Cosmetology to include barbering, helping strengthen regulation and compliance for barbers and establishing much needed consistency in the enforcement of safety standards across all Alabama counties.

“Alabama has a vibrant salon industry with over 5,400 employment-based establishments and over 23,000 licensed professionals. Barbers and cosmetologists should be operating under the same guidelines and restrictions to protect consumers, especially since many barbers provide the same services cosmetologists do,” CIAA Executive Director Cory Brown said. “The CIAA appreciates Rep. Wallace’s legislative proposal.”

Click here to sign on to PBA’s letter of support for HB664 in Alabama. This bill would provide for the regulation of cosmetologists, barbers, estheticians, manicurists, and natural hairstylists and their shops and schools under a new registration board, known as the Alabama Board of Barbering and Cosmetology.

Contact Cory Brown, Executive Director of Cosmetology Industry Association of Alabama (CIAA), at cbrown@ourCIAA.org or 334.649.8100 to learn more.

The Professional Beauty Association (PBA) and it’s industry partners support Alabama HB664 and HR4395. PBA works year round to track legislation that can affect the professional beauty industry and partners with organizations across the nation to take action to either support or oppose the implementation of such laws. To learn more about PBA’s government affairs activities at both the state and federal level, and to get involved in ensuring fairness and success in the future of the professional beauty industry, visit probeauty.org/advocacy.