Beauty Store Business

DEC 2014

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60 December 2014 | changes or additions to Prop 65 labeling or chemicals of concern as part of the Safer Consumer Products Program efforts in Cali- fornia to changes discussed at the federal level regarding increased authority and U.S. Food and Drug Administration oversight, as suggested in a draft bill sponsored by U.S. Senator Dianne Feinstein—we are left wondering where these policies will lead us. As a result of Green Chemistry passing in 2008 in California, the California Depart- ment of Toxic Substances Control imple- ments and oversees the Safer Consumer Products Program. This is a hazard program that determines chemicals of concern. DTSC looks at sensitive subpopulations, dermal, ingestion, inhalation, exposure pathways, aquatic resource impacts, water-quality monitoring services, biomonitoring results and indoor air monitoring. If a chemical of concern is in a product, the manufacturer must through an alternative analysis pro- cess find a replacement for the chemical of concern. Perhaps for California alternative analysis will be the norm for manufacturers. DTSC would like data and information about current chemicals in use. Manufacturers have many challenges, and compliance is just one issue. Despite what the federal government may set in place as a standard, any state can imple- ment higher standards that could result in the ban of certain chemicals. Now, multi- ply that issue by a large number of states and try to comply! Federal preemption would help to solve the varying standards of compliance state by state. Why are cosmetics and beauty products under review? DTSC is concerned with the direct route of exposure of beauty products. DTSC is also concerned that in some cases ingredients are not always exposed, personal-care products are present in high volume on the market, and when products are washed off, they end up in wastewater-treatment plants and could cause aquatic toxicity. There is so much change involving the evaluation of chemicals contained in both products and packaging that manufacturers cannot afford to not consider the involve- ment of government affairs and advocacy. States are funding studies to look at alterna- tives to chemicals as well as alternatives to the traditional way of conducting business. Essentially, regulators are looking at ways to make the creation of new products more green, more environmentally considerate and acceptable. Would you please discuss deregulation efforts currently under way regarding beauty professional licensing? In 2014, there has been a push to review occupational licensing and a review of the continued need for state boards. The American Enterprise Institute is encourag- ing governors and state legislators across the United States to consider reducing or removing occupational licensing during their 2015 legislative sessions. Cosmetology has been used as an example of a career field that should no longer require licensing. The reason occupational-deregulation efforts anger so many is because organiza- tions such as the AEI and the Institute for Justice are influencing elected officials with- out understanding the professional-beauty industry itself. How can you advocate for deregulation of an entire industry when you know absolutely nothing about the risks or impact of doing so? This is exactly what is happening. Instead of involving or even speaking to licensed professionals about the risks, or an instructor in a cosmetology school about what she teaches and how that promotes safety, or a manufacturer about chemicals in professional use-only products, AEI claims that licensing of individuals in the professional-beauty industry is not neces- sary. Not only do they claim it is not neces- sary, but they promote that licensing is a barrier to obtaining work. With more than 1 million licensed professionals across the United States—and the number is going to continue to increase, according to the U.S. Bureau of Labor Statistics—I see no barrier to entry for this growing profession. Industry professionals and consumers understand that licensing is much more than a state regulation; licensing ensures accountability of the professionals. Con- sumers have an expectation and a right to clean, safe services provided by a licensed professional, and consumers also have the right to a consumer-complaint process administered through their state boards. Part of this advocacy process means educating other organizations, elected officials and individuals about safety, Captain Marvels Bridget Sharpe is government affairs & industry relations manager for the Professional Beauty Association. She works on The PBA State Captain Program. Beauty Store Business: Please tell us about The PBA State Captain Program—and why the industry at all levels should get involved. SHARPE: Can you imagine a world without licensing, state boards or violation-enforcement entities? Removing the licensing requirements and allowing untrained people to practice cosmetology would severely compromise consumer safety, putting consumers at high risk of becoming injured or contracting an infection. PBA State Captains know how detrimental this would be and have joined in the fight to uphold the professionalism of their industry. The PBA State Captain Program was created in July 2012. In only two years, the program has grown to 175 strong in 44 states and the District of Columbia. Our program exists to give professional-beauty industry members from all segments the tools and education to become the best advocates for themselves, their professions and their livelihoods. State Captains are from every segment of the industry: manufacturers, distributors, salon/spa owners and licensed professionals. They are committed to joining together to fight legislative attacks against the beauty industry. You do not need a legislative background to join. We will teach you everything you need to know! PBA State Captains are the first line of contact between state cosmetology boards, state representatives and their staff. They are the eyes and ears on the ground when it comes to legislative matters that directly affect the beauty industry. When harmful legislation is introduced, the PBA government affairs & industry relations team creates an action alert that is easily filled out and even identifies your legislators for you based on your address. Captains then forward action alerts to their colleagues and networks, rallying other professionals to join their fight. PBA State Captains have also provided handwritten letters to state representatives, attended committee hearings to testify and even assist with our federal initiatives by attending lobby day on Capitol Hill in Washington, D.C. The opportunities available to a PBA State Captain are endless. Captains are given a voice to directly influence and benefit professionals and consumers in their territories. Taking part in putting your elected officials to work is the greatest tool that we have to create change and educate them. Legislators want to hear from their constituents, and they want to hear from the professionals working in the industry every day. If we work together with legislators, we can accomplish so much to encourage the continued professionalism of our industry. We can ensure deregulation doesn't occur and can work together to come up with solutions. We are looking forward to program growth in 2015 as we implement lobby days at state capitols, create educational Webinars and more. We currently provide a State Captain Toolkit as well as a State Captain quarterly newsletter, which helps our advocates stay up-to-date with what's happening across the country. Becoming a State Captain is as easy as contacting us today. You are not required to purchase anything or pay for any education. We give you the tools you need to be successful advocates and are always here to answer any questions and guide you along the way. The only requirements are to love your industry and be ready to learn! If someone would like more information on becoming a State Captain, send me an email at and ask how you can get involved to protect your profession in your state!

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