Submissions to the 2012 Review of the National Industrial Chemicals Notification and Assessment Scheme - Personal Care Products Council (USA)

The Discussion Paper: Review of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS)–June 2012 was released on 1 June 2012. Submissions were received betweeen 1 June and 27 July 2012. The comments received from this consultation process will be used to inform the government of stakeholder views

Page last updated: 21 September 2012

PDF printable version of Personal Care Products Council (USA) submission
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Personal Care Products Council

Tonya Kemp
Director, International Trade Policy
1101 17th Street, NW Suite 300
Washington DC 20036
USA

Phone: +1-202-454-0327
Fax: +1-202-331-1969
Mobile: +1-202-297-1337

Summary

The Personal Care Products Council (The Council) represents over 600 U.S. member companies, including manufacturers and distributors of finished products, as well as suppliers of ingredients, raw materials, packaging and other services used in the production and marketing of finished personal care products. Our member companies consistently strive to uphold and surpass the most stringent regulatory and product integrity standards worldwide. The Council’s member companies are actively engaged in providing consumers around the world with safe, innovative and high quality cosmetic and personal care products, the ingredients for which are globally sourced.

The Council supports option H1 in part 8. We believe that the responsibility for the administration of the Cosmetic Standard be held by the ACCC, but the assessment of chemicals in cosmetics remain with NICNAS. However, we also believe that chemicals in cosmetics should not be treated as either industrial or therapeutic chemicals, but rather the low risk chemicals that they are.Top of page

Part 8—Other reforms—chemicals in cosmetics (Option H1–H2)

Chemicals in Cosmetics

OptionDetailsPositionComments
H1Responsibility for administration and enforcement of the Cosmetics Standard 2007 be transferred to the ACCC, but assessment of chemicals in cosmetics would remain with NICNASSupportWe support the regulation of cosmetic products as consumer goods that are regulated by the ACCC. However, we believe that although the chemicals used in cosmetic products be assessed by NICNAS they should not be included in the scope of industrial chemicals. In addition, we believe that NICNAS should use the data provided by other recognized international scientific authorities and only assess ingredients that have not already been approved or used in other countries/worldwide markets.

Cosmetic products have been safely marketed over a period of many years throughout the world. Throughout the history of marketing, there have been various professional and scientific reviews of many ingredients used in Cosmetics. These reviews have supported the safe use of many Cosmetic ingredients and continued in market use has demonstrated additional confidence of the ingredient safety.

It is prudent to use the data and information generated by the international scientific community to accept ingredients that have already been reviewed, and focus resources on ingredients that are truly new to the Cosmetics field.
H2New provisions introduced into ICNA Act (and on AICS) to specifically deal with chemicals in cosmetics (not treated as industrial chemicals), eg a inventory of cosmetic ingredients , positive and negative lists, better alignment with international approachesDo not support Cosmetic products should be regulated as consumer goods under the control of the ACCC and chemicals used in cosmetics should not be treated as industrial chemicals.

The Personal Care Products Council does not support the use of an inventory of cosmetic ingredients if it used as a positive list of allowed cosmetic ingredients. Our industry is a fast-paced, highly innovative industry. We understand that inventories can be useful tools for regulators to understand which ingredients are included in products on their markets, and can serve as a helpful point of reference for regulators, technical experts and industry. However, industry would be firmly opposed to this inventory being used to determine what ingredients may be included in products, or as criteria for whether an ingredient would be considered “new” or “existing”. Again, international experience has shown that the use of “positive lists” in this way is counterproductive, in that it has a negative impact on innovation and does not contribute to consumer safety.

Cosmetics have been marketed for many years throughout the world including countries/regions that have a sophisticated Cosmetic Regulatory framework including a cosmetovigilance system. Cosmetics that have been successfully marketed in such countries/regions have proven that they are safe and contain ingredients that will not harm consumers. Further, a listing of the Cosmetic ingredients in the INCI dictionary establishes the intent to use in a Cosmetic which will ultimately be marketed in a country/region with a cosmetovigilance system.

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A full list of all 2012 submissions can be viewed at June 2012 submissions to the review of NICNAS.