Senator Collins Testifies in Support of Personal Care Products Safety Act

Washington, D.C.—U.S. Senator Susan Collins today testified before the Senate Health, Education, Labor and Pensions (HELP) Committee on the need to update the nation’s nearly 80-year-old law to ensure the safety of personal care products. She urged the Committee to advance the Personal Care Products Safety Act, which she introduced with Senator Dianne Feinstein (D-CA):

“Thank you, Mr. Chairman. Let me echo Senator Feinstein’s thanks to you and the Ranking Member for holding this hearing and inviting us to testify on the important topic of the safety of personal care products.  I also want to salute Senator Feinstein for her long-standing interest and leadership in this issue.

“As she noted, Americans use a variety of personal care products daily, from shampoos and lotions to cosmetics and deodorants.  Consumers should be able to know whether the products that they are applying to their own skin or the skin of their children and their hair are safe.

“While many companies have made a strong commitment to safety on a voluntary basis, under current law, the Food and Drug Administration has surprisingly very little authority to protect consumers. They even lack mandatory recall authority when a product is found to be harmful.   

“As has been mentioned numerous times, this summer, we were alarmed to learn the devastating account of a nine-year-old girl who lost all her hair after using a WEN hair product. But here’s what’s interesting to me: it turn out that the company had received more than 21,000 consumer reports of harmful effects, while the FDA had received a mere 127 reports at the time the agency announced in July that it would investigate claims of hair loss, hair breakage, balding, itching, and rashes.  That number has since grown to more than 1,000 reports, but it’s still a huge difference between the reports that the company received versus FDA. Yet that company, that personal care products company, is not required to report to the FDA about adverse events. And I believe that is a key weakness in the current law.

“Understandably, there is significant concern from consumers, from salon workers, manufacturers, and health professionals that the current system is failing consumers.  I am particularly concerned about the impact on children and on professionals like hair stylists who may be exposed to potentially harmful ingredients in products they use every work day.

“To help address this issue, I have joined Senator Feinstein in introducing our bipartisan Personal Care Products Safety Act, which would modernize our woefully outdated federal regulatory system.  As Senator Murray indicated, it’s ironic that we’ve addressed and modernized the FDA in so many other ways, but not in this one. Our bill is the product of consultations with a wide range of stakeholders, as Senator Feinstein has mentioned. And it would give FDA a broader oversight by setting up a basic regulatory structure, with registration of manufacturers and products, with review of ingredients by the FDA, and by a uniform national standard.  With the news that a bipartisan House companion bill has been released, we are encouraged that this effort is gaining more support and resonating with the American public.

“While our bill is endorsed by a diverse and growing coalition of groups, including companies and consumer and health organizations, there are some small, artisan soap and homemade cosmetic producers have expressed concern.  Given that, I would like to clear up some misconceptions about our bill and mention provisions that aim to help protect small companies.

“First, only soap products that make cosmetic claims would be included in the new system.  Second, individuals or small companies selling less than $100,000 in products annually would not be required to register with the FDA.  For companies selling between $100,000 and $500,000, there would be a simplified registration process and no user fee.  The user fee schedule, similar to that which already exists for drug and device companies and helps to avoid costs to taxpayers, would increase as the size of a company grows.  And finally, the FDA and the Small Business Administration would help ensure that compliance is simple and easy to understand.

“Mr. Chairman, thank you for the opportunity to testify today.  By modernizing the oversight of personal care products that are used so widely by the American public, consumers will be better informed and protected.  Thank you.”