Key Points of Toxic Substances Control Act and Safe Cosmetics Act


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Join us for a special webinar on Jan. 25 at 2:00 p.m. EST to discuss the key points of the TSCA and Safe Cosmetics Legislation. Our allies from the American Sustainable Business Council (ASBC) and the Campaign for Safe Cosmetics will be present to answer questions and give you the facts. We'll disucss:

- Myths associated with the legislation
- Key points of the legislation
- Green America’s support of the legislation

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Key Points of Toxic Substances Control Act and Safe Cosmetics Act

  1. 1.
  2. 2. Today’s Webinar Moderator Fran Teplitz, director, Strategic Outreach [email_address]
  3. 3. The Green Business Network <ul><li>Our mission is to work with businesses everywhere to grow a green economy that’s good for people and the planet. </li></ul><ul><li>We are a vibrant community </li></ul><ul><li>of over 4,000 businesses committed to creating </li></ul><ul><li>a better world. </li></ul>
  4. 4. Green America’s Green Business & Green Economy Programs: Green Business Network Business Seal Of Approval National Green Pages Green Festivals Green America Exchange Green Business Conferences Business Advertising Guides Consumer and Investor Outreach Corporate Responsibility Programs
  5. 5. Green Business Network Membership Opportunities <ul><ul><li>There’s a place for everyone </li></ul></ul><ul><ul><li>on the green journey. </li></ul></ul><ul><ul><li>Associate Members </li></ul></ul><ul><ul><li>An incubator for companies just starting and just </li></ul></ul><ul><ul><li>starting to go green. </li></ul></ul><ul><ul><li>Approved Members </li></ul></ul><ul><ul><li>A space for established green companies </li></ul></ul><ul><ul><li>to access Green America’s consumer and business audiences. </li></ul></ul><ul><ul><li>Green Economy Allies </li></ul></ul><ul><ul><li>A dedicated category for nonprofits, educational </li></ul></ul><ul><ul><li>institutions, and peer certification programs. </li></ul></ul>
  6. 6. More Information 1612 K St., NW, Suite 600 Washington, D.C. 20006 Desireé Wolford Sr. Manager Membership and Marketing 202-872-5330 [email_address]
  7. 7. Toxic Substances * Strengthening the Toxic Substances Control Act (TSCA) * Safe Cosmetics Act We await the introduction of new 2011 legislation for each of these bills. Green America’s emphasis: The Precautionary Principle [email_address]
  8. 8. Precautionary Principle “ When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause-and-effect relationships are not fully established scientifically. In this context, the proponent of an activity, rather than the public, should bear the burden of proof.”
  9. 9. Toxic Substances <ul><li>Green America applies the Precautionary Principle to our member screening process. </li></ul><ul><li>Review our screening criteria at </li></ul><ul><li>TODAY’S GOALS: </li></ul><ul><li>Education </li></ul><ul><li>Feedback on what you’ve heard, especially policy recommendations you may have. </li></ul><ul><li>[email_address] </li></ul>
  10. 10. Today’s Experts <ul><ul><li>David Levine , American Sustainable Business Council </li></ul></ul><ul><ul><li>Janet Nudelman , Breast Cancer Fund, Campaign for Safe Cosmetics </li></ul></ul><ul><ul><li>Lisa Archer , Campaign for Safe Cosmetics </li></ul></ul>
  11. 11. American Sustainable Business Council 1 1 David Levine Executive Director American Sustainable Business Council Green America Chemical Policy Presentation
  12. 12. American Sustainable Business Council 2 2 A B The American Sustainable Business Council is a powerful advocate for businesses and business networks that support the education and legislation needed to have a just society and a sustainable economy.
  13. 13. American Sustainable Business Council 8 8 Our influence, and support, have quadrupled in 12 months 28 Partners 60,000 Member Companies 100,000’s of Employees Since its founding in 2009, the organizations that have joined ASBC in this partnership represent over 60,000 businesses and social enterprises and more than 150,000 entrepreneurs, owners, executives, investors and business professionals . American Sustainable Business Council
  14. 14. American Sustainable Business Council 13 13 Partners
  15. 15. Why Chemical Policy Reform <ul><li>Chemicals are the building block for our materials and products </li></ul><ul><li>Business are not operating with the needed information from their supply chain </li></ul><ul><li>Key opportunities for innovation through sustainability and green chemistry </li></ul><ul><li>New markets for a new economy </li></ul><ul><li>Consumers are highly concerned about health impacts </li></ul>
  16. 16. Chemicals are ubiquitous <ul><li>>27 trillion pounds produced per year in the U.S. </li></ul><ul><ul><li>250 pounds per person per day </li></ul></ul><ul><li>Used to make 96% of all materials and products </li></ul><ul><li>Number of chemicals in U.S. commerce unknown </li></ul><ul><ul><li>84,000 listed on Toxic Substances Control Act (TSCA) Inventory – not all in commerce today </li></ul></ul><ul><ul><li>62,000 were on the market in 1979 (1 st Inventory) </li></ul></ul><ul><ul><li>23,000 new chemicals added since (ca. 1,500 per year) </li></ul></ul><ul><ul><li>7,000 chemicals reported at ≥25,000 lbs/yr/site in 2005 </li></ul></ul><ul><ul><ul><li>but many reporting exemptions </li></ul></ul></ul>
  17. 17. Some of the chemicals widely detected in the US population *Representative US sample from NHANES/CDC generally from 2003/2004, PCBs for women ages 16-39 Chemical Percent of US population with measurable levels* Sources Phthalates (7 kinds) 50 – 97% Flooring, wall covering, medical devices, food wrap, personal care products, lacquers Bisphenol A 92% Polycarbonate plastic, food can lining dental sealant Perfluorinated compounds (4 types) 91-99% Nonstick cookware, stain resistant fabrics, food packaging, dental products PBDEs (many) 100% (with at least one congener) Chemical flame retardants, upholstery, carpet, electronics Triclosan 80% Antimicrobial agent , soaps PCBs (many)* 100% ( with at least one congener) Banned in 1977 – persistent through food
  18. 18. TSCA, the Dog that Didn’t Even Bark <ul><ul><li>Covers most chemicals used in industry and in commercial/consumer products </li></ul></ul><ul><ul><li>By the numbers: </li></ul></ul><ul><ul><li>62,000 chemicals grandfathered in when TSCA was passed in 1976 </li></ul></ul><ul><ul><li>Required testing on <300 in 34 years </li></ul></ul><ul><ul><li>5 chemicals have been regulated in limited ways </li></ul></ul><ul><ul><li>19 years since EPA last tried (and failed) to regulate a chemical: asbestos </li></ul></ul>Toxic Substances Control Act of 1976 (TSCA)
  19. 19. Safe Chemicals Act of 2010 Currently under TSCA Under Safe Chemicals Act of 2010 Few chemicals are required to be tested and no minimum data set is required even for new chemicals. A minimum data set (MDS) on all new and existing chemicals sufficient to determine safety would be required to be developed and made public. EPA is required to prove harm before it can regulate a chemical. Chemical manufacturer bears the burden of proving their chemicals are safe. No mandate exists to assess the safety of existing chemicals. New chemicals undergo a severely time-limited and highly data-constrained review. All chemicals, new and existing, would be subject to a full safety determination.
  20. 20. Safe Chemicals Act of 2010 Currently under TSCA Under Safe Chemicals Act of 2010 The “unreasonable risk” standard under TSCA is not health-based but rather requires extensive cost-benefit considerations. The safety standard would be a strictly health-based standard, “Reasonable certainty of no harm,” adapted from our pesticide safety laws. Where the rare chemical assessment is undertaken, there is no requirement to assess exposure to all sources of exposure to a chemical, or to assess risk to vulnerable subpopulations. The safety standard requires the assessment of a chemical to account for aggregate exposure to all sources of exposure to the chemical, and to ensure protection of vulnerable subpopulations.
  21. 21. Safe Chemicals Act of 2010 Currently under TSCA Under Safe Chemicals Act of 2010 Even chemicals of highest concern, such as asbestos, have not been able to be regulated under TSCA’s unreasonable risk standard. Instead, assessments often drag on indefinitely without conclusion or decision. Chemicals of highest concern would be subject to expedited safety determinations and/or actions to reduce their use or exposure to them. Companies are free to claim, often without providing any justification, most information they submit to EPA to be confidential business information (CBI), denying access to the public and even to state and local government. EPA is not required to review such claims, and the claims never expire. All CBI claims would have to be justified up front. EPA would be required to review them, and only approved claims would stand. Approved claims would expire after a period of time. Other levels of government would have access to CBI.
  22. 22. Why is this good for your business? <ul><li>Level the playing field, by requiring existing chemicals to meet the same standards as new chemicals. </li></ul><ul><li>Expand markets for safer products. </li></ul><ul><li>Create a more predictable regulatory system. </li></ul><ul><li>Reduce costs and risks, especially product liability, associated with managing toxic chemicals in products across supply chains. </li></ul>
  23. 23. Why is this good for your business? <ul><li>Lower expenses from employee illness. </li></ul><ul><li>Enhance productivity from improved employee health. </li></ul><ul><li>Identify the presence of chemicals of high concern in products. </li></ul><ul><li>Increase trust among consumers, employees, communities, and investors, leading to a more positive business environment. </li></ul>
  24. 24. Why is this good for your business? <ul><li>Improve transparency and communication throughout the supply chain, leading to increased confidence for downstream users and reduced risks from supply chain interruptions. </li></ul><ul><li>Create a more competitive, innovative, and economically sustainable chemical industry in the U.S. </li></ul>
  25. 25. Supply side of Green Chemistry <ul><li>This can support initiatives in education, training and research and economic incentives – help to facilitate innovation in the creation and dissemination of greener chemicals, processes and technologies. </li></ul>
  26. 26. Demand side of Green Chemistry <ul><li>Demand-side options help to ensure the economic viability of greener chemicals by better informing the market, leveling the playing field on which greener options compete, and creating a regulatory climate that drives both the development and the adoption of greener alternatives. </li></ul>
  27. 27. Actions you can take <ul><li>Business leaders Sign on Letter </li></ul><ul><li>  </li></ul><ul><li>Reach out to your business networks </li></ul><ul><li>Educate your consumers </li></ul><ul><li>Share your position with elected officials </li></ul><ul><li>Get your voice heard in the Media </li></ul><ul><li>David Levine, Executive Director, </li></ul><ul><li>American Sustainable Business Council </li></ul>
  28. 28. Janet Nudelman Campaign for Safe Cosmetics Breast Cancer Fund <ul><ul><li>Safe Cosmetics Act of 2010: Myths, Facts and the Business Case for Reform </li></ul></ul><ul><li>Green Business Network </li></ul><ul><li>January 25, 2011 </li></ul>
  29. 30. We Can’t Shop Our Way Out
  30. 31. The Market is Moving
  31. 32. The Solution Safer products and smarter laws to protect our health, the health of future generations and the health of the environment
  32. 33. Three Central Tenets <ul><li>Consumers shouldn’t have to be chemists to choose safe products </li></ul><ul><li>Manufacturing safe products should be easier for companies </li></ul><ul><li>Safety assessment should be pushed upstream </li></ul>Safe Cosmetics Act of 2010
  33. 34. Key Goals <ul><li>Increase consumer right to know </li></ul><ul><li>Increase worker right to know </li></ul><ul><li>Help FDA provide better information to business and consumers and ensure level playing field </li></ul><ul><li>Make manufacturing safe products easier and increase transparency by compiling all available safety data </li></ul>Safe Cosmetics Act of 2010
  34. 35. Registration <ul><li>Who’s required to report? </li></ul><ul><li>What are they required to report? </li></ul><ul><li>Why is registration important? </li></ul>Safe Cosmetics Act of 2010
  35. 36. Registration - Industry Questions and Concerns <ul><li>How often do companies need to report changes? </li></ul><ul><li>Fee mechanisms - how will it be structured? </li></ul>Safe Cosmetics Act of 2010
  36. 37. Labeling <ul><li>Ingredients that comprise fragrance, flavor or preservatives </li></ul><ul><li>Contaminants </li></ul><ul><li>Salon products </li></ul><ul><li>Internet sales </li></ul>Safe Cosmetics Act of 2010
  37. 38. Labeling - Ingredient Disclosure <ul><li>Removes previous CBI provisions </li></ul><ul><ul><li>Info about the chemical itself or safety data ≠CBI </li></ul></ul><ul><ul><li>Fragrance, flavoring or colorants ≠CBI </li></ul></ul><ul><ul><li>Concentration of an ingredient = CBI </li></ul></ul>Safe Cosmetics Act of 2010
  38. 39. Labeling - Industry Questions and Concerns <ul><li>How will synthetic fragrance ingredients fit on the label? What about website listings? </li></ul><ul><li>Will contaminants have to be listed on the label? </li></ul><ul><li>Will constituents of botanicals need to be listed on labels? </li></ul>Safe Cosmetics Act of 2010
  39. 40. Safety Testing and Safety Substantiation of Ingredients and Products <ul><li>Companies submit reasonably available safety tests </li></ul><ul><li>Suppliers required to provide safety info on: </li></ul><ul><ul><li>Ingredients </li></ul></ul><ul><ul><li>Safety tests </li></ul></ul><ul><ul><li>Contaminants </li></ul></ul><ul><li>Publicly accessible database will promote: </li></ul><ul><ul><li>Data sharing </li></ul></ul><ul><ul><li>Less animal testing </li></ul></ul>Safe Cosmetics Act of 2010
  40. 41. Producer Right to Know <ul><li>Suppliers of cosmetics or ingredients are required to make available to any entity purchasing the cosmetic or ingredient (including fragrance and preservatives) any information in their possession or control regarding the toxicological properties, safety tests and constituent ingredients of the cosmetic or ingredients . </li></ul>Safe Cosmetics Act of 2010
  41. 42. Safety Testing - Industry Questions and Concerns <ul><li>What kind of guidance will the FDA give companies - and consumers - about what ingredients are safe and what ingredients aren’t? </li></ul><ul><li>The bill directs the FDA to create four lists: </li></ul><ul><ul><li>A Prohibited list of CMR chemicals </li></ul></ul><ul><ul><li>A Restricted list of CMR chemicals </li></ul></ul><ul><ul><li>A “Safe without Limits” list </li></ul></ul><ul><ul><li>A Priority Assessment list </li></ul></ul>Safe Cosmetics Act of 2010
  42. 43. Safety Testing - Industry Questions and Concerns <ul><li>Who is responsible for testing for contaminants? </li></ul><ul><li>What about Product Testing? </li></ul>Safe Cosmetics Act of 2010
  43. 44. <ul><li>Fee exemptions for small businesses </li></ul><ul><li>Data sharing and transparency: </li></ul><ul><ul><li>access to safety assessments currently kept private </li></ul></ul><ul><ul><li>open up the information flow to help small companies make the best decisions about product safety </li></ul></ul><ul><li>&quot;Producer right-to-know&quot; provisions that will enable cosmetics companies to get full information from suppliers about toxicological data and safety information for cosmetic ingredients, including the chemicals in fragrance and preservatives. </li></ul><ul><li>FDA “ Safe without limits ” list of ingredients </li></ul>Provisions to Benefit Small Businesses
  44. 45. A work in progress <ul><li>Providing feedback to bill sponsors to improve workability of next iteration of bill </li></ul><ul><li>Join us! </li></ul>Safe Cosmetics Act of 2010
  45. 46. Thank you! Questions? Feedback? Want to help? [email_address]