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63 Food & Drug L.J. 257 (2008)
American Beauty: An Analytical View of the Past and Current Effectiveness of Cosmetic Safety Regulations and Future Direction

handle is hein.journals/foodlj63 and id is 287 raw text is: American Beauty: An Analytical View of the Past and Current Effectiveness of Cosmetic Safety Regulations and Future Direction ROSEANN B. TERMIM* LEAH TRESSLER** I. INTRODUCTION Virtually every American in our current society uses cosmetics on a daily basis. What was once an industry of products that were developed at home or sold door to door has become a mass market of ubiquitous items used in every American household. Concern for cosmetic safety arose in the early 1900s as consumers faced adverse health effects from dangerous ingredients included in product formulations. Along with the rise of commercial cosmetic sales came a strong public outcry for measures to safeguard consumers against cosmetic hazards. Public concern influenced the inclusion of cosmetic regulation in the Food, Drug, and Cosmetic Act of 1938 (FDCA).' The language in the FDCA concern- ing cosmetics has not changed substantially over the years. There is current debate as to whether the Food and Drug Administration (FDA) should exercise greater control over testing, monitoring and approval aspects of cosmetic manufacturing, distribution and sales. State programs as well as cosmetic manufacturers have begun to voluntarily adopt more stringent standards. It remains to be seen whether FDA will also adopt more stringent regulation. H. SOCIETAL MORES OF THE EARLY 1900s AND THE BEGINNING OF COMMERCIAL COSMETICS During the late 1800s, cosmetics were mainly concocted in private homes with ingredients purchased from pharmacies.' During this time period, it was socially unacceptable to wear visible makeup. Therefore, many women restricted their use of cosmetics to powders, fragrances and rouge.' The recipes used to make the cosmet- ics sometimes contained hazardous ingredients such as lead, mercury, copper, tin, arsenic and bismuth.' In some cases, women used these ingredients although there were warnings about the potential health hazards such ingredients presented.' At the time the Food and Drug Act of 1906 was enacted, cosmetic sales in the United States were minimal. This insignificant impact on the economy was likely . Ms. Termini is a food and drug lawyer who recently published Life Sciences Law: Federal Regulation of Drugs, Biologics, Medical Devices, Foods and Dietary Supplements and Statutory CD. 3d Ed. (Forti Publications 2007) www.fortipublications.com. Ms. Tressler is a 2007 graduate of the Widener University School of Law. Federal Food, Drug, and Cosmetic Act of 1938 ch. 675, 52 Stat. 1040 (1938) codified at 21 U.S.C. § 301 et seq. 2 Gwen Kay, Dying to be Beautiful: The Fight for Safe Cosmetics, 10-12 (The Ohio State Uni- versity Press, 2005). 1 Id. at 10. 4 Id. at 11. I This may beg the question as to the true effectiveness of warnings and labels; however, Ameri- cans seem to demand an informed consumer market where the consumer decides whether he or she is willing to accept potential hazards. 257