Beauty Store Business

AUG 2014

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102 August 2014 | beautystorebusiness.com Beauty & The Law salonskins.com 1 . 8 0 0 . 6 8 5 . 2 8 1 7 Patent Pending 1.800.685.2817 LQ¿QLW\KDLUFRP Don't get caught naked. THE OFFICIAL BARBICIDE ® JAR WRAP Instant Touch-Up a temporary hair color for women & men. t5IFQFSGFDUUPVDIVQGPSUIPTFBOOPZJOH SFHSPXUIBSFBT t8PSLTHSFBUPOIBJSMJOFTIJHIMJHIUTFZFCSPXT CFBSETTJEFCVSOTBOENPSF t0GGFSTHSBZDPWFSBHFJOTUBOUMZ Before Before After After banning its use in some consumer prod- ucts 35 years ago and just proposed action last December. It will take several years before the FDA's new proposed rule on all antibacterial soaps comes into effect. A constant theme in safety regulation is state action in the face of very slow federal responses to threats consumers perceive. Minnesota's ban on triclosan fits right into the movement by states to regulate based on consumer perceptions. Effective Jan. 1, 2017 no cleaning prod- ucts used by consumers and containing triclosan may be offered for retail sale in the state unless the FDA has approved them for consumer use. Minnesota doesn't have any safety or efficacy data that isn't available to the FDA, and so its new law is based on a fundamental shift in how legislators view risks. Instead of the traditional regulatory view that chemicals can be used until they are proven unsafe, laws such as Minne- sota's assume that everything is unsafe until it is proven safe. Iowa and New York have similar bills pending. Iowa's bill would prohibit triclosan in soap, hand sanitizer and toothpaste start- ing in 2015. Manufacturers who replace triclosan will be required to use the least toxic alternative in their products, but the bill is silent about effectiveness. New York's bill would ban selling or offering for sale any soap or cleaning product containing triclosan or triclocarban. INDUSTRY RESPONSE Many manufacturers have committed to phasing out triclosan. Avon will not use triclosan in new products and is phasing it out in existing products. According to Jennifer Vargas, Avon's director of corpo- rate communications, that decision was based on the preferences of Avon repre- sentatives and their customers. Johnson & Johnson says on its website that it will phase out triclosan by 2015; and Procter & Gamble says it will phase out triclosan in 2014, although both say they are acting in response to consumer demand and not because of risks to consumers. RECENT MOVES TO BAN MICROBEADS Some soaps and washes use plastic microbeads as gentle exfoliants. Plastic microbeads may absorb environmental toxins and then accumulate in waterways where animals eat them, perhaps because they look like fish eggs. Microbeads have been detected in the Great Lakes, and states along the lakes have taken the first actions to ban them, as previously reported in Beauty Store Business. This issue has gained immediate traction, and state legislative responses are being pro- posed and moved quickly. A federal bill to ban microbeads was intoduced in June but has almost no chance of passing, and so once again states are trying to fill the void left by federal inaction. An Illinois bill was signed into law by Governor Pat Quinn in June. It bans manu- facturing any personal-care products with synthetic plastic microbeads as of Dec. 31, 2017. No person can accept personal-care products for sale as of Dec. 31, 2018 if they contain microbeads. Over-the-counter drugs with microbeads—such as soaps that are sold with claims for treating or mitigating skin diseases—can be made and sold for one more year than non-drug microbead products. Penalties are $1,000 per day for a first violation and $2,500 for subsequent violations. A bill in New York would prohibit selling any cosmetic product containing plastic microbeads. First-time violators in New York would face a penalty of $2,500 per day, and sec- ond-time violators would face penalties of $5,000 per day. If this bill is passed, it will take effect Jan. 1, 2016. The State Assembly passed the bill in April, and it awaits Senate action before it is sent to the governor for signature. Similar Michigan legislation is mov- ing on a somewhat slower track. It was introduced in September 2013 and in addition to the activities banned in Illinois, the Michigan bill also singles out cosmetics containing microbeads for its ban. Violators would be fined $1,000 per day. The Michigan House has not passed the bill as of this writing. Ohio has a proposed bill that would prohibit sell- ing or offering for sale any cosmetic or personal-care product with microbeads. Minnesota has proposed a bill ban- ning sale of most products containing microbeads after July 1, 2015 and will study the effects of microbeads in state waters and on ecosystems and human health. Two Wisconsin legislators are reportedly planning to introduce bills next January to ban microbeads. B e a u t y & T h e L a w 8 1 4 . i n d d 1 0 2 6 / 2 6 / 1 4 4 : 5 3 P M 6/26/14 4:53 PM

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