Cosmetics Regulatory Summit

Moderator

Terry Hyland

Senior Editor, North America, Chemical Watch News & Insight, Enhesa Product Intelligence

• FDA’s authority
  • Discussion of Federal Food, Drug and Cosmetic Act; Fair Packaging and Labeling Act; and other authorities;
• Summary of selective priority initiatives; and
• Parting considerations

Linda M Katz

Director of the Office of Cosmetics and Colors (OCAC), in the Center for Food Safety and Applied Nutrition (CFSAN), Food and Drug Administration (FDA)

• reviewing the structure of the U.S. Federal laws and regulations that govern and define products that may be sold as cosmetics under the U.S. Federal laws and regulations that govern cosmetic products;
• review of the FDA’s enforcement authority and the role of structure function claims which under U.S. FDA laws can change the regulatory status of a product from a cosmetic to a drug; and
• look at the various state laws and strategies to address these varying state issues.

Sharon Blinkoff

Senior Counsel, Locke Lord LLP, US

VIRTUAL PRESENTATION

• The California Safe Cosmetics Act
• Cosmetic Fragrance and Flavor Ingredient Right to Know Act
• Reporting to the California Safe Cosmetics Program

Paula Johnson PhD, MPH

Chief - California Safe Cosmetics Program, California Department of Public Health

• fragrance ingredient communication landscape;
• 2023 NY state outlook; and
• industry response, including The Fragrance Conservatory.

Amanda Nguyen

Vice President, Government Affairs & Legal, Fragrance Creators Association

VIRTUAL PRESENTATION

• The ups and downs of the implementation of Washington’s SB5022 (minimum recycled content in personal care product plastic containers); and
• What’s coming for next year.

Heather Trim

Executive Director, Zero Waste, Washington

Moderator

Melanie Rybar

Regulatory and Compliance Analyst, Enhesa Product Intelligence, USA

• Overview of state regulation of toxic chemicals in cosmetics
• Current regulations and overview of pending regulations
• Role of NGOs in driving regulations/litigation
• General discussion of PFAS lawsuits against cosmetics companies
• Current state of testing for PFAS in cosmetics and personal care products

Steven M. Siros

Partner, Chair – Environmental Litigation Practice, Co-Chair – Environmental Workplace Health & Safety Practice, Jenner & Block

• The market for cosmetics containing hemp and hemp-derived cannabidiol (CBD) has grown sharply in recent years. The speed at which federal and state rules governing CBD are developing presents potential compliance risks. Brands looking to enter this growing space should ensure that their products comply with applicable law in the jurisdictions they aim to sell the products;
• Cosmetics containing cannabis and hemp-derived CBD can also raise substantial legal risks, and these risks are exacerbated when the products make unsubstantiated health claims; and
• Recent legislative proposals at the federal level would affect how the U.S. regulates cannabis and hemp in cosmetic products, in addition to food and beverage products.

Barak Cohen

Partner, Perkins Coie LLP

Thomas (Tommy) Tobin

Counsel, Perkins Coie LLP

This suite of 4 bills introduced in the U.S House of Representatives will close gaps in cosmetic safety that threaten the health of consumers and make it hard for cosmetic companies to ensure the products they are making and selling are safe, by:

• requiring fragrance and flavor ingredient disclosure;
• banning the worst-of-the-worst chemicals from cosmetics;
• creating safety protections for women of color and salon workers; and
• requiring supply chain transparency

Janet Nudelman

Sr. Director of Program and Policy, Breast Cancer Prevention Partners. Director, Campaign for Safe Cosmetics

• General overview of EPR (policy goals, examples, etc.);
• EPR models (stewardship organization model vs. producer responsibility model); and
• China’s EPR law

Mark Thompson

Partner, Keller and Heckman LLP, USA

• Chemicals of concern vs. safer design;
• Identifying safer alternatives; and
• CF safer - amplifying safer ingredients.

Chris Bartlett

Lead Toxicologist, ChemFORWARD