THE COMMITTEE ON ENERGY AND COMMERCE;
INTERNAL MEMORANDUM

March 23, 2012

To:  Energy and Commerce Committee Members

From: Majority Staff

Re: Examining the Current State of Cosmetics

____________________________________________________________________

On Tuesday, March 27, 2012, at 10:15 a.m. in 2322 Rayburn House Office Building, the Subcommittee on Health will hold a hearing entitled “Examining the Current State of Cosmetics.” The following provides background on the hearing.

I. Witnesses. Panel I

Michael M. Landa, J.D. 
Director
Center for Food Safety and Applied Nutrition (CFSAN)
U.S. Food and Drug Administration (FDA)
Witness Testimony

Panel II
Halyna Breslawec, Ph.D.
Chief Scientist and Executive Vice President for Science
The Personal Care Products Council
Witness Testimony

Peter Barton Hutt, J.D.
Senior Counsel
Covington & Burling, LLP
Witness Testimony

Mr. Curran Dandurand
Co-Founder and Chief Executive Officer
Jack Black Skincare
Witness Testimony

Ms. Debbie May
President and Chief Executive Officer
Wholesale Supplies Plus
Witness Testimony

Michael J. DiBartolomeis, Ph.D, CHI
Chief Occupational Lead
Poisoning Prevention Program & California
Safe Costmetics Program, California Department of Public Health

1Additional witnesses will be added.

Majority Memorandum for the March 27, 2012, Health Subcommittee Hearing

II.  Background

The cosmetics industry has been regulated by FDA since the enactment of the Federal Food, Drug and Cosmetic Act of 1938 (FFDCA).  Currently, FDA’s CFSAN is responsible for regulating cosmetics.  Similar to drugs, devices and food, the FFDCA prohibits the introduction of adulterated or misbranded cosmetics into interstate commerce and provides for seizure, criminal penalties and other enforcement authorities for violations of the FFDCA.  In addition, under the authority of the Fair Packaging and Labeling Act (FPLA), FDA requires an ingredient declaration for cosmetics to enable consumers to make informed purchasing decisions. Cosmetics that fail to comply with the FPLA are considered misbranded under the FFDCA.

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