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* The Cosmetic, Toiletry & Fragrance Association's (CTFA) international department recently conducted a one-day seminar that addressed deregulation and new bovine spongiform encephalopathy (BSE) regulations affecting the sale of cosmetic and personal care products in Japan. Representatives from the Japan Cosmetic Industry Association (JCIA) presented in-depth information on the new regulations. The seminar addressed several issues. When the new cosmetic rules went into effect on April 1, companies were free to sell most cosmetics in Japan without prior approval and licensing; INCI (International Nomenclature Cosmetic Ingredient) labeling rules will require INCI names in Japanese and under the new BSE regulations and Japan will no longer accept bovine and ruminant origin materials from countries with either BSE incidence or a high BSE risk. In addition, such materials originating from certain organs from any country, including the U.S., will be banned.

CTFA Asks FDA to Reconsider Exemption Process

* The Cosmetic, Toiletry & Fragrance Association (CTFA) has asked the FDA to reconsider the exemption process for over-the-counter (OTC) labeling. CTFA filed a comment in response to the FDA's publication of a draft guidance for industry entitled, "Labeling OTC human drug products--submitting requests for exemptions and referrals," [65 Federal Register 79371 (Dec. 19, 2000)1.

CTFA has consistently raised concerns about the procedures for requesting product-specific exemptions from, or deferral of, the new requirements set forth in the final OTC drug labeling regulation.

Connecticut Proposition 65 Clone Scheduled for Hearing

* Connecticut's Joint Committee on Public Health held a hearing on March 6, on a bill modeled after California Proposition 65. The bill would require warnings in connection with any product that contains a "toxic substance," which is defined as including, but not limited to, listed chemicals, some of which may be used as cosmetic ingredients.

Mercury Legislation Proposed in Seven States

* Proposals to impose labeling requirements and other restrictions on cosmetics that comply with Food and Drug Administration rules governing mercury have been introduced in seven states: Connecticut, Maryland, Massachusetts, New Hampshire, New York, Oregon and Vermont.

Minnesota Governor Proposes Ad Tax

* Governor Jesse Ventura (I-MN) recently submitted a budget proposal to the Minnesota Legislature that would lower the sales tax rate from 6.5% to 6%, while broadening the tax base to encompass a wide range of services--including advertising--that are not currently subject to sales tax. While details are not definite, the new tax is apparently intended to cover all advertising services, including the purchase of media space and time.

U.S. Supreme Court Upholds EPA's Authority on Clean Air

* The U.S. Supreme Court on Feb. 27 unanimously upheld the authority of the U.S. Environmental Protection Agency (EPA) to establish new clean air standards without considering the implementation cost. The clean air standards at issue were set by the EPA in 1997. The agency, citing new scientific studies, pointed to the necessity of limiting pollution levels of smog and fine, sooty particles in order to protect 125 million Americans from adverse health effects.

EPA Administrator Christine Todd Whitman hailed the decision as "a solid endorsement of the EPA's efforts to protect the health of millions of Americans from the dangers of air pollution."

The practical effect of the Court's ruling is: the actual implementation of EPA's new particulate matter and eight-hour ozone regulations remain in limbo until the appeals court issues a final decision and EPA develops a reasonable interpretation of the implementation provisions for non-attainment areas. The full text of the Court's decision may be accessed at: -1257.pdf.

Sebastian's Legal Battle

* in its ongoing legal battle to end the unethical and unauthorized sales of its products by several mass marketers in California, Sebastian International celebrated both a legal and environmental victory. On Jan. 31, a U. S. District Court judge granted a motion, in part, and issued a preliminary injunction prohibiting retailers CVS and Rite Aid and their suppliers from "selling, supplying or offering for sale" any Sebastian products that do not comply with California's environmental regulations (Sebastian compliant as of June 1999). The ruling centers on California's volatile organic compound (VOC) laws and regulations, which seek to limit the emissions of air pollution-producing chemicals. In September, Sebastian learned that the stores were violating California VOC laws by selling the noncompliant 80% version of its hairsprays in its California stores.
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Publication:Household & Personal Products Industry
Date:Apr 1, 2001

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