SB 484 Claims vs. Facts

Following are excerpts taken from SB 484 and author commentary regarding their factuality.

Excerpt: The Legislature finds and declares all of the following: (a) Independent testing in the United States and the European Union has determined that some cosmetic products contain substances known or suspected to cause cancer and reproductive toxicity that can harm the mother, fetus and nursing children.

Fact: No cosmetic contains ingredients known to cause cancer, etc. Since the causes of all cancers are not known, everything can be suspected. The bill also fails to state that more than 90% of reproductive harm comes from consumption of alcohol during pregnancy, which is by ingestion, not inhalation or topical application. This is a distortion of the facts and “wordsmithing.”

Excerpt: Neither the federal Food and Drug Administration (FDA) nor the State Department of Health Services (DHS) require premarket safety testing, review, or approval of cosmetic products. According to the FDA, the regulatory requirements governing the sale of cosmetics are not as stringent as those that apply to other FDA-regulated products.

Fact: Nowhere in the world is there premarket approval for cosmetics since Japan abolished this in 2002. The FDA does not pre-approve foods, which is the FDA’s major responsibility. Note this use of scare tactics to say cosmetics are unsafe when statistics show that cosmetics have the least number of injuries of any of the products regulated by the FDA.

Excerpt: (c) Under the federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301), cosmetics and their ingredients are not required to be approved before they are sold to the public and the FDA does not have the authority to require manufacturers to file health and safety data on cosmetic ingredients or to order a recall of a dangerous cosmetic product.

Fact: True—but what is not said is that the FDA does not have the authority to recall foods, drugs or anything else they regulate. However, if a manufacturer does not voluntarily recall a product per the FDA’s request, the FDA has the authority to seize the product. According to the author, the list could go on, but this gives readers the general idea.