Proposed Cosmetic Bill To Define ‘Natural’ Products

A bill has been introduced in the U.S. Congress by Rep. Sean Patrick Mahoney which, if passed, would define the terms “natural” and “naturally-derived ingredient” in personal care products.

In a press release, Mahoney states that it would be the first major update to the Federal Food, Drug, and Cosmetic Act in 80 years. The release also notes that falsely using the term “natural” does not qualify as misbranding under the current federal laws.

In addition, Rep. Maloney mentions that the Food and Drug Administration (FDA) does not presently have the authority to go after companies that misbrand their cosmetics as “natural.”

“We’re talking about safety and health of millions of Americans who use these products. My bill will set the standard for ‘natural’ personal care products and do right by American consumers by putting transparency first,” Maloney states in his press release.

Under Maloney’s bill, titled the Natural Cosmetics Act, cosmetics that are labeled and sold as “natural” must contain at least 70 percent natural substances other than water. In addition, the bill would require suppliers to conduct Carbon-14 testing which they would have to send to manufacturers.

Also, the bill would provide the FDA with the power to issue a cease distribution order, put up a public notice on the FDA website, and issue a recall of any product that is considered misbranded under the act, states the press release.

“The Environmental Working Group (EWG) estimates that the average adult uses 12 personal care products each day, exposing themselves to 168 unique chemical ingredients. It’s more than just cosmetics – shampoo, lotion, deodorant, hair dye, nail polish, shaving cream, and a host of other personal care products that millions of Americans use every day are not being regulated,” the press release explains.

There have been many class action lawsuits filed over the use of the word “natural” as it pertains to cosmetics. For example, a class action complaint was filed in December 2018 against Tarte by a consumer who claimed that the line of “high performance naturals” contains synthetic (man made) ingredients.

The Tarte class action lawsuit alleged that consumers normally understood the term “natural” in cosmetics to mean that it contains ingredients that are not synthetic.

The class action lawsuit against Tarte was settled in October 2019 for $1.7 million, providing benefits to consumers who purchased the company’s cosmetics from Nov. 13, 2013 through Jan. 21, 2020. It should be noted that Tarte has not admitted any wrongdoing and has agreed to settle this case to avoid the high costs of litigating the lawsuit.

In another class action lawsuit, a consumer claimed that Physicians Formula Cosmetics mislabels its Organic line of cosmetics as “100% Natural” and of “100% Natural Origin.” The plaintiff in that class action lawsuit argues that the products contain synthetic ingredients.

The labeling of cosmetics as “natural” may be looked at more intensely if the Natural Cosmetics Act is enacted.

“For too long, companies have been allowed to regulate themselves while consumers pay the price,” Maloney says.

Do you purchase cosmetics that are labeled as “Natural?” Leave a message in the comments section below.

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