Problem

Thousands of synthetic and natural chemical ingredients make up the beauty and personal care products we use every day. Some of these chemicals have been linked to negative health impacts ranging from allergic reactions to reproductive harm, brain damage, respiratory harm, endocrine disruption, and breast cancer.

The presence of unknown, undisclosed toxicants and contaminants is cause for serious concern because scientific evidence suggests that hazardous chemical exposures in our daily lives harm human and environmental health. 

As consumer awareness about the safety of the ingredients in personal care and beauty products has grown, the need for cosmetic brand owners to obtain reliable information from and exert quality control over their supply chains has become increasingly important.

The cosmetic supply chain ranges from suppliers of raw materials, formulating laboratories that manufacture private label products, suppliers of fragrance and flavor formulations, packagers, and chemical companies, to the brand owner who puts its name on the product label. Not surprisingly, transparency, ingredient disclosure, and quality control within the cosmetic supply chain vary enormously. However, regardless of whether the flow of information along the cosmetic supply chain is accurate, the brand owner ultimately bears the liability for the safety of the constituent ingredients and final product. Conversely, upstream contract manufacturers and ingredient suppliers are hidden from public scrutiny, review, and accountability.

No federal law currently requires the disclosure of ingredients or any other form of transparency between entities in the cosmetic industry supply chain. Both large and small brand owners also carry reputational risk in the marketplace when they can’t obtain accurate and reliable information from suppliers to ensure they are making and selling the safest beauty and personal care products possible.

Solution

The Cosmetic Supply Chain Transparency Act requires that upstream suppliers, including fragrance houses, formulating laboratories, contract manufacturers, and suppliers of ingredients, raw materials, and finished products, provide to cosmetic companies upon request:

• Full ingredient disclosure, including ingredient names and chemical identity numbers (Chemical Abstract Service or CAS)
• Toxicity and safety data for each chemical ingredient
• Certificates of analysis for raw materials
• Heavy Metals and other Contaminant testing results
• Safety data sheets
• Manufacturing flow charts
• Composition statements
• Fragrance allergen statements
• International Fragrance Association (IFRA) Standards Conformity Certificates

Full Ingredient Disclosure

• Suppliers of fragrance or flavor, preservative systems, or other ingredient formulations must provide full ingredient disclosure to brand owners.
• Formulating laboratories and contract manufacturers must provide full ingredient disclosure and contaminant reports for private label, finished cosmetic products sold to retailers and other cosmetic companies.

Certificates of Analysis & Contaminant Reports

• Suppliers of raw materials must provide certificates of analysis and contaminant testing reports on the raw materials they sell to cosmetic companies. Examples include talc, which can be contaminated with cancer-causing asbestos; colorants and mica, which can be contaminated with brain-damaging lead and other heavy metals; and petrolatum, which can be contaminated with cancer-causing PAHs (polycyclic aromatic hydrocarbons). The bill also requires suppliers to identify the analytical testing method used and the detection limits.

Toxicity & Safety Data

• Suppliers of cosmetic ingredients and finished cosmetic products to test for contaminants that the supplier suspects might be present. Suppliers must provide toxicity and safety data to cosmetic companies when selling the ingredient or finished product.

Penalties

• Penalties apply to suppliers who do not provide within 90 days the required data and information to brand owners who request it.

Contact

Janet Nudelman, Breast Cancer Prevention Partners, Janet@BCPP.org