The FDA Globalization Act and why the Campaign for Safe Cosmetics is full of hooey

I've waited a bit to write about the new FDA Globalization Act and how it will effect the beauty industry and us, the end consumer. I write every day about companies who may not use the best ingredients or have manufacturing practices that I don't agree with. At the end of the day, I live in America and I believe in the objective right of people to be able to choose. That's why I live in America, instead of say... China. And in many ways, my thoughts about what the government should or should not do, have altered. Greatly. I have been wrong in thinking the FDA or any government agency SHOULD do anything. For my belated lack of understanding, I apologize.

Unlike most of my posts, I will make this one concise. While the actions of companies like Dr. Bronner's and their frivolous lawsuits have probably brought this issues more light than it warranted, the main issue is this: the American government was not created to obstruct the ability of man to create or trade. One should not have to ask permission to make a lawful living. Free men don't ask permission; slaves ask for permission. And by the way, big beauty and their corporations, such as Estee Lauder, were mostly created by women. Women who were sitting in their kitchens with nothing but an idea. This FDA Globalization Act would essentially strip away what these women and many others like them, have created.

The Campaign for Safe Cosmetics would have you believe that you need to be protected by the nanny state. That you are not capable, if you're truly interested, in discerning the safety of a beauty product. Allowing the FDA and its minions to take away your basic right to think and act on your own should not be sacrificed. As Benjamin Franklin stated, "Those who give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."

The Campaign for Safe Cosmetics have demonized big beauty companies like L'oreal, Estee Lauder, Avon, et al because they have refused to sign their petition. In hindsight, I believe big beauty was correct in not signing it. They, more than anyone, understand that when you give a little, you end up giving a lot. While I would love for the world and the products in it, to have less chemicals, as I've written before, that's impossible unless we live in a bubble. But it's a personal choice to choose. Do I next want the government telling me what color I should wear or whom I should marry? Oh, wait. They're already trying to do that, too.

If you think the FDA protects, I would have you ask the families of those who died during the recent salmonella outbreak their opinions on the ability of a government agency, inundated with minutiae, to protect and keep us safe.

For this basic reason, I urge you to not allow this Act to go through. If you want to pay more money and have very little choice, you can do nothing. Put your makeup on, spritz your hair and hope someone else fights for your basic rights. But every little piece of freedom that's chipped away eventually ends up bigger than we would want.

Donna Maria is going to Washington NEXT WEEK. Send her with your name and let the government know you don't need a nanny.

Feel free to leave your comments here.

Comments

[Andrea]

@ Jillian,

As the writer of the blog, I seldom point out something simply because I disagree. However... my statement regarding the role of government was right on. The founders of this country had already known what men can do with a bit of power, which is why they came to America on the first place.

The government did nothing to save slaves. Not sure what history books you've been reading, but it was the people who created change with both slavery and child labor.

The government, the FDA specifically, is old, tired and isn't needed. The job is beyond a bunch of paper pushers. I know. I worked for the government. Nothing gets done, yet money gets spent.

The government is not meant to be a baby sitter. If people don't have computers, that has nothing to do with the government. That's as ridiculous as the government subsidizing those without HD TV for the switch in 2009.

I'd be happy to send you a pocket copy of the Declaration of Independence. You might get some clarity of the real role government should have and how the people in our ignorance have allowed the wolves to watch the sheep.

AK

[Beauty with a Cause/Julie Ann Price]

I oppose the drafted legislation and have signed Donna Marie's petition. What I am wondering is why the Campaign is in support of it. I understand that they are for safer products but this legislation really does nothing to move that issue forward. How do fees and paperwork equate to safer products? By eliminating small players from the field, the product choices get reduced and consumers are adversly affected. I wish the Campaign would take part in the conversation with Indies. Silence is deadly.

[Dinah Russell]

The FDA is not a little broken. It has become a private agency for big drug and cosmetic companies AND the U.N.

The more I sutdy about this issue and CODEX (The FDA is only the first phase of the CODEX Act) the more I believe it really is time for Americans to step up and retake control of our government. We have created a ruling class in Congress made up of both democrats and Republicans. We need to get both parties out of there while we clean it up and make sure they can't force a "BIG BROTHER" or "Nanny" government on us as they are trying to do. If people want to be taken care of and told what to do, eat, wear, or think then move to Germany. America was created to be a Republic, not a Socialistic government. We need to take back our country. DR

[Jillian]

Lawful, means to be within the law, but the "law" itself has to be created in the first place, so its a weird statement. I totally understand where everyone is coming from, especially on the small business side, and I do want the small business, and the organic business to be protected. I think the FDA is a little broken, and I would like it to be fixed...

[Jillian]

Well, I hope that this legislation doesn't go through, if it makes organic businesses have unreasonable burdens put on them. I only buy organic products and products with full disclosure of ingredients. BUT I have to say I disagree with this quote from the blog:

"the main issue is this: the American government was not created to obstruct the ability of man to create or trade. One should not have to ask permission to make a lawful living. Free men don't ask permission; slaves ask for permission."

The American government prevented the exploitation of slaves and of children, even though there were those who thought it was their right to use them in order "to make a lawful living". And what about those who are suffering from asbestos poisoning, or other environmental toxins they were exposed to at the workplace? Their only recourse is to use the system within the government to make sure the worker is protected. In my opinion, this is similar to what is happening now. People are waking up to possible exposures that they WERE NOT aware of.

Many people look to the government to protect them or believe it is protecting them from those who would exploit them, and I believe that this is going on in the beauty industry as well as others. Not everyone in this country even has access to a computer or the information we so freely trade here on the internet.

My last point is, beyond an individuals right to choose, there is the good of the group, and billions of gallons of detergent and shampoo and lotions and hair dye all going down the drain to what is perceived as "nowhere", is in my opinion, not good for the group. My kids and my kids kids are going to be drinking the water that has supposedly been "purified" and eating the fish that swam in it and hopefully, if it is even still possible down the road, swimming in it themselves.

The government ideally works FOR the people, and if you aren't happy with this legislation, then please oppose it, but please don't oppose the process. Please don't oppose the government being used by the people to protect the people.

[Janet Ray]

I oppose the FDA Globalization Act of 2008. As a person embarking on a small natural skin care business, all of the work, research and passion I have put into creating my specialized skin care products would all be in vain, should these measures prove to be successful. If the legislators pass this act, it will be the end to almost all of the small cosmetics businesses, as such extraordinary fees and regulations are not feasable in an industry that requires the bulk of expenses to be put toward high quality ingredients that go into the making of the much-revered products. Small businesses are the heart and soul of America, and passing legislature that enacts a swift end to one of the most rapidly growing segments of the small business industry would be, in my estimation, un-American.

[Ms. Johnson]

Thank you and Donna and everyone else fighting for our us. Natural products are the safest on the market and we don't deserve this. It will put us all out of business, thereby impacting the manufacturers, label makers and all the other little companies we heavily rely on.

[Cindi]

As a small business owner I always listed the ingredients in everything I sold. I believed it was the right thing to do. What terrifies me about this how can they continally bombard us with Mercury in lightbulbs and all the lead in children's toys and be concerned about soap made with Olive Oil. I wish the government would concern themselves with things that are important and leave us alone.

[B A Parth]

Best of luck in Washington. I'm so happy you are all on the ball about this. In America, I can't believe bills like this even make it as far as they do.

Who is even lobbying for this FDA Globalization Act...unbelievable! In our current Economic climate it's amaizing this would even be considered. It's truly scary. Thank You All for your hard work and dedication.

B A Parth
Sophie Products

[Sharon Kinnier]

Thank you so much for the article. I, just as others here and all over have put time, energy and effort into creating safe, effective products. I, too am a signer of the Compact for Safe Cosmetics. I have sent an email asking that my company be removed from it's list. I will help to keep spreading the word regarding this major blow to our industry.

[Marge Clark]

Thank you for posting this. Those who desire to keep the freedom to create their own products, or to purchase from small independent businesses rather than the mega-giants appreciate your support. We've blogged about this issue more than once on our blog: http://naturesgiftaromatherapy.blogspot.com/ and are in process of contacting our congress-critters.

My assistant, Christi, at one time was a press secretary to a congressman. She's added some great points about how to effectively take action with your elected representatives at http://naturesgiftaromatherapy.blogspot.com/2008/07/wrong-policy-wrong-law-wrong-time.html. Also, the deadline for signing the petition at the Independent Business site is today, August 4th.

[Katherine]

Thank you for continuing to spread the word through, what I consider, to be an extremely educated opinion on the FDA Globalization Act of 2008. I strongly urge any of the handcrafters, based on what we are all learning about the Campaign for Safe Cosmetics and their objective to utilize our compact signing to only strengthen their case, to swiftly and sternly send them a letter to be removed from the compact and their site and join me and the others to make a stand that we no longer wish to be affiliated with a company that would rather do more harm than good to customers and small businesses. This organization is literally biting the hand that feeds them since we, small boutique companies are the majority which built the backbone of this entity. Big box companies won't sign, so where will the support come from when we are put out of business through this legislation?

In your letter strongly urge them to rethink their position and advise them your name is not to be used to support their position if you are directly opposed to their petition.

I have joined other "Indie" business women in stating my argument with the Campaign for Safe Cosmetics and have advised them I withdraw my support and no longer wish to be affiliated with an arbitrary organization which has very little evidence to support their hypothetical claims. I noted to them I am a strong advocate for safer cosmetics and always will be, and I comply fully with the FDA regulations as well. However, I will not condone their actions at the expense of our freedom to choose or to promote bigger government through what is essentially a tariff against all of us in order for us to be free to operate our business. Free? hmmm...sounds like another boston tea party is needed! ;~P

Better stick with water folks, since just about every ingredient is carcinogenic or toxic to some level according to the EWG, the campaigns affiliate. Furthermore, ingredients that were once deemed safe or very low on their rating scale, have only recently been elevated to as high as a 6-9.

Their terms are so innane they clearly serve to only confuse the consumer further and create undue paranoia.

Thank you for this blog, I for one appreciate your support.

Katherine Corkill
Sterling Minerals Cosmetics

[Sheryl Karas]

I signed Donna Maria's petition and strongly oppose this legislation.

I care about safe cosmetics. That's why I make natural organic products in the first place! And I go to great pains to make sure my products are safe. For that reason I also originally signed the Compact for Safe Cosmetics. But I found myself unable to comply with their unreasonable demands for information collecting. I TRIED to comply -- went to great effort to figure out how to do it -- only to discover that half of my ingredients (flower essences) which have been used safely and effectively for generations are not on their list. If I had followed through, my very conscientiously formulated products would have been marked poorly on their site. I couldn't let that happen. Because THEIR scientific data was incomplete I could NOT comply. And this is the same data they want to make every company adhere to. Now they are actively campaigning for this outrageously excessive legislation. I don't support the Compact for Safe Cosmetics any longer.

Sheryl Karas
Mama Love Products

[Christine]

I have signed the petition & am trying to get an actual appointment with my Congressman, John Sullivan, who just happens to be on the committee drafting the legislation! I am going to try my best to persuade him to come over to our side on this matter! I also sent out a form letter for anyone who would like to use it to send to their local congressman/woman and also the committee members. If you are apart of the NIRC enewsletter, it is there. Please. everyone join us in sending this letter out to your congressional offices & if you can, call the office & let them hear your voice about it once the letter is sent to their office! We can make a difference if we pull together & let our voices be heard!

As for the Compact for Safe Cosmetics...I am very upset that I just recently signed with them. I thought I was doing something wonderful, now I am resigning my affiliation with them as I can not in good faith remain a member with them. It is a shame as I really thought it was a great thing to do for my company!
Have a great weekend & thanks for all who are helping this cause!
Christine
Earth Angel Minerals

[Sevi Kay]

I am extremely disappointed in hearing that Safe Cosmetics is supporting this legislation. Sevi Cosmetics is a signer of The Compact For Safe Cosmetics as well and I too have to reconsider our affiliation with EWG.

Petition has been signed! Thank you all for fighting for us.

Sevi Kay
Sevi Organics

[Gina Rafkind, VedaSun]

This post is amazing. You said it perfectly!
I love that quote from Benjamin Franklin.
Thank you for supporting our cause. I too signed the petition and belong to the Indie Beauty Network. I will be there in spirit when Donna Maria goes to Wash. DC with the rest of the troop.
Thanks again.
Gina

[Tanya LaMothe]

I have signed the petition & thank Donna Marie for her efforts.

[Cheryl]

Your quote from Benjamin Franklin says it all. We are slowly losing more rights, becoming over regulated and giving up the American Dream. I don't want to lose my dream to the FDA Globilization Act! Thank you for your simple explanation of this issue, I will pass this on to my readers.

[Andrea]

@ everyone who has commented thus far >>> thank so much for spreading this post around the net. This type of issue needs to be spread even more. Call your local TV and radio stations. Tell them how this idiot Senator, now on vacation for six weeks, is attempting to put people out of business without having the requisite research to back it up.

WHY would businesses be so heavily taxed? WHY is a $10K fee even a possibility?

This draft stinks and I would really love to hear the opinion of Campaign for Safe Cosmetics or EWG on their stand behind this policy. Again with the misguided thinking that we need help because can't protect ourselves.

AK

[Andrea]

@ Barbra Radke > You are right on! The "government" is too big and at this point, just incompetent. Largely unable to honestly do the things they purportedly have the ability to do. Other than throwing my tax dollars at a problem, their job is largely business as usual.

[blacminerals]

As a business owner of b.l.a.c. minerals.
I am following this globalization act very carefully.This act would surely put me and many small business out of business due the high fees (12,000) and burdensome paperwork.This is the government's way to try and control and monopolize the amount of choices that consumers have, especially those wanting to buy all natural products. With the rise of natural products and its popularity with consumers, more opportunities have come about for everyday people to start their own business and become independent. This is a threat to the government and big business because after all they don't want to have to compete with "natural"....what can beat all-natural products....nothing...So if your a big business and you don't create all natural products and some small business does, you the huge corporation can lose money.

Also the FDA is all about control.They know the healing properties of all natural products and want to make sure consumers don't have too many to choose from because they directly compete with the many FDA approved drugs on the market.

With groups like the Safe Campaign For Cosmetics, you have to understand that they are going to appease the big players in this situation and thats not you the customers or small businesses, its the big guys the huge corporations.It is apparent that they have their own agenda, and I for one will voice my disappointment in them for supporting such a wrong thing.

Your article was great and really shed light on this issue. Thanks!!

[C.Benecke]

I totally agree with everything you just said and more. I ask why are the BIG companies so afraid of us little kitchen companies. Could it be because WE care about our customers and we CARE about our products and we care ABOUT what goes into them. All the big guys care about is the bottom line. Stop this FDA black hole from sucking anymore of our hard eearned dollars away from us just to line their already thick pockets. Someone(Thank You Anne Marie!)needs to care for us.

[Barbara Radke]

I just read an article today about pesticides and how the government is now going to "investigate" the idea of removing certain pesticides from the market because they are killing the bees. They let big manufacturers use these pesticides for years without government approval, but we can't make soap? We can't protect our families, our children and grandchildren from chemicals? What kind of thinking is that! Since I lost my husband from complications of Agent Orange I really question MY governments ability to "screen" anything, to make anything safe! To look out for my best interest, Hey, tell me that when I get the Widow's pension for his death that I've been fighting for more than 8 years! Tell me how my government it going to help me make sure my grandchildren aren't going to be poisoned by the vaccines they insist that they need! Tell me how the government can't track down a dog gone pepper or tomato to find what was killing people. Where was this vigilant government when I was buying Christmas toys in good faith only to find out that they had lead in them! After I went through great expense to be sure my home was safe for my grandchildren. The FDA is going to look out for me? Please. I'd just as soon have a nice stew with Jeffrey Dalmer!

[Kay]

We are losing are rights as American citizens and business men and women daily and I do not want the FDA Globalization Act of 2008 to pass and take away even more of our rights. If small business is no longer able to afford to continue, what will our economy be like in a few more years. I do not want to live the rest of my life with "Big Brother" deciding who can be in business and who can not. Please stop this act! //Kay in Indiana

[Kayla Fioravanti]

Just blogged again about the FDA Globalization Act and linked back to your great post. I am heading to DC to make our case with Donna Maria and other IBN members. http://essentialu.typepad.com/my_weblog/2008/07/the-wrong-polic.html