Regulatory Review: The Impact of REACH on the United States

By: David C. Steinberg, Steinberg & Associates

Posted: November 26, 2008, from the December 2008 issue of Cosmetics & Toiletries.

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Conclusions
It is clear that REACH will start to draw a reaction from NGOs in the United States. Since REACH will replace the old EU chemicals regulation in 2009, Congress will look to TSCA, the original of all chemical regulations, for possible revisions. The NGOs will be out in full force, as they were in the EU, which lead to the passage of REACH. What is clear, by way of REACH’s example with its numerous fees and ancillary costs, is that the current global financial climate will not be taken into consideration. So far as the NGOs are concerned, the industry can pay.

Congress will examine the food safety bill; it would benefit the industry if Congress did not look at cosmetics regulation. The SIN list is troubling and creates problems in formulating without ingredients that use formaldehyde and ethylene oxide as starting materials; it may end in REACH authorization rather than a total ban.

Finally, the changes to the Lacey Act may or may not affect the cosmetics industry; much more must be learned before action can be taken.

References
Send e-mail to CT_author@allured.com.
1. DC Steinberg, Regulatory Review, Cosm & Toil 123(8) 24 (Aug 2008)
2. DC Steinberg, Regulatory Review, Cosm & Toil 113(4) 31-33 (Apr 1998)
3. US Code of Federal Regulations, 21CFR 73.2396, available at: www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=73.2396 (Accessed Oct 24, 2008)
4. European Commission Directive 2004/93/EC, Annex II, number 675, available at: www.safecosmetics.org/docUploads/EU_Cosmetics_Directive_Sep-2004.pdf (Accessed Oct 24, 2008)
5. www.animallaw.info/articles/ovuslaceyact.htm (Accessed Oct 24, 2008)
6. US Code of Federal Regulations, 21CFR 330.14, available at: www.fda.gov/OHRMS/DOCKETS/98fr/04d-0277-gdl0001.pdf(Accessed Oct 24, 2008)