Beauty Store Business

MAY 2014

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4 May 2014 | Marc Birenbaum Executive Editor Editor's Note PROGRESS TOWARD NEW FEDERAL legislation for beauty products in 2014 took one giant step backward, perhaps more, when the U.S. Food & Drug Administration issued a letter March 6 criticizing industry trade associations and their ongoing efforts to create it—and made that letter public. "FDA Deputy Commissioner Michael R. Taylor expressed his 'profound disappoint- ment' in industry proposals that he contends 'would actually reduce FDA's current ability to take action against dangerous cosmetics,'" reported The Wall Street Journal. For more than a year, the Personal Care Products Council, the Independent Cosmetic Manufacturers and Distributors and the Professional Beauty Association have been working collaboratively with the FDA to create much-needed modernized and comprehensive federal regulations of the industry for the first time since the 1960s. Various trade association officials have characterized their joint legislative effort to me as "challenging yet vital." In response to the FDA's letter, Lezlee Westine, PCPC president and CEO, issued a statement saying, "We are extremely disappointed that the FDA has indicated it will not participate in further discussions with the cosmetics industry regarding cosmetic legislation, and has taken such a hard-line approach to our efforts to operate in good faith. We believe that the FDA's response misrepresents the intent of our legislative proposals, and we strongly disagree with its allegation that our proposed legislation would weaken its regulatory oversight of cosmetics. "We urge the agency to return to the table so we can continue to work together to build consensus that is necessary to these discussions. We all share in the common goal of protecting consumers— in fact, product safety is the cornerstone of all that this industry represents. "Regardless of whether the FDA chooses to return to the table, the personal care- products industry will continue to work diligently to ensure that the families who trust and use our products continue to have the choices they want, the products they trust and the confidence in their safety. We will work with Congress to pursue meaningful solutions." Pam Busiek, ICMAD president and CEO, and Steve Sleeper, PBA executive director, issued a joint statement stating, "We are disappointed with the FDA's letter stating that it has precipitously decided to discontinue negotiations with the cosmetics industry regarding legislation to modernize national cosmetic legislation. Our industry organizations met in good faith for more than a year with the FDA, and were diligently working to reach a framework—which we still hope to achieve—that would be the basis for a new legislative initiative." According to ICMAD and PBA officials, the FDA in its letter "mischaracterized the industry's position and misleads the public regarding the basis for negotiations breaking down—citing issues of safety and limitation of the FDA's enforcement authority." ■ "Our industry organizations met in good faith for more than a year with the FDA." Beauty Industry-FDA Negotiations Stall E d i t o r ' s N o t e 0 5 1 4 . i n d d 4 Editor's Note 0514.indd 4 3 / 3 1 / 1 4 2 : 0 9 P M 3/31/14 2:09 PM

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