Video: Can You Comply With 50 Different State Cosmetics Laws?

by Donna Maria on August 4, 2010 · View Comments

This is the first in a series of videos I plan to share covering some of the overly burdensome and unnecessary provisions of H.R. 5786. Today, I tell you about the Savings Clause, which can be found in Section 621 of the bill. A Savings Clause is a short paragraph in a piece of federal legislation that specifically says that other governmental entities, such as states, towns and municipalities, are free to impose laws that are even more stringent than what is contained in the federal law. Watch this video (4:42) to see how it would affect your business, and then scroll to the bottom to ask questions, leave comments, and also sign the Petition, write your representatives using these Letter Templates and offer a financial gift to help us advocate for you.

While Savings Clauses are not unusual, in an industry where consumer products are being sold across state lines, it can serve to unnecessarily wipe out an industry. Savings Clauses have a particularly devastating effect on small business owners who are without the resources needed to ensure compliance with 51 different laws. Can you imagine??!

To learn about the defeated Colorado bill mentioned in this video click here.

The Savings Clause Alone Will Decimate The Small Scale Cosmetics Manufacturing Industry

Can you imagine running a business that requires you to check with 51 different laws before you could sell your fist quarter-ounce tube of lip balm? Do you have the staff with the specialized knowledge to help you do that? And even before you get to that point, do you have the time to stop running your business to oppose the Campaign For Safe Cosmetics as they parade around the country using millions of dollars they have collected from consumers who are scared to death that your nail oil is going to kill them? Especially when you are using safe ingredients in your products already?

The Savings Clause in this bill is one of many death knells for men and woman nationwide whose businesses are providing their only source of income and who are working hard producing safe products that enhance people’s lives with the kinds of ingredients they want to put on their skin. H.R. 5786 is a legislative pink slip, and it must not be allowed to pass in its current form.

Regardless of reporting, fees, registration, testing and everything else in H.R. 5786, the Savings Clause all by itself is poised to decimate the entire small scale cosmetics manufacturing industry!

Here’s what you can do today to put a stop to this madness:

  • Donate to the cause. I have heard lots of people say that all we need is masses of people and grass roots support to effectively advocate our position on this bill. That is not true. While those things are necessary, and thousands of people are participating in the effort, it is not enough.

    There are copying fees associated with producing information packets for Congressional staffers. There are taxi cab fees and gratuities for shuttling back and forth between Congressional offices. There are air fares, hotel fees, food, cell phone fees, shipping fees, airport parking fees and so much more. Please consider donating to the cause and asking your friends and family members to do the same. You can donate small or large amounts. If you wish to donate a large amount anonymously, please contact the president of the Indie Beauty Network through this website.

  • If you are on Twitter, please follow the #OpposeSCA hashtag. This is an easy way to keep up with the latest news and blog posts on the issue. I hope you will comment on some of the posts written by me and my beauty industry colleagues, and even ReTweet us from time to time we advance our interests together.

  • Vote “Opposed” in the Open Congress poll. This poll is maintained by a non-profit organization, and it housed on a page displaying the image of Rep. Jan Schakowsky, a co-sponsor of the bill. You do have to sign in the vote, but it only takes a second, and our elected officials look at these poll numbers so every poll vote counts!

    By the way, if you have time, please use the embed code (upper right of the player window) to share this video at your blog, and link back to this site (I forgot to mention this URL in the video!) so others can participate. to your friends and other family members in other states.

    The bill is co-sponsored by Reps Jan Schakowsky, (D-Il), Ed Markey, (D-Ma), and Tammy Baldwin, (D-Wi), so you can focus particularly on those states if you’d like, but don’t be limited by that. Elected officials in all 50 states will likely be asked to vote on this bill! If you know any media representatives in your area who may wish to cover the story of how Congress is about to give me a pink slip, please let me know how to get in touch with them!

    Question: So, what about that Savings Clause? Regardless of testing, fees, reporting, registration and all the rest of it, how would you run your business if the Campaign For Safe Cosmetics and anyone else is allowed to advocate for newer and more stringent laws on a state-by-state basis? Could you stay in business? Would you be able to pass these costs along to your customers?

  • { 3 comments… read them below or add one }

    1 Ann August 5, 2010 at 3:21 pm

    This is what a free nation means. People making a stand for what is far and what is right. Those with the means speaking for all of us, who are unable to from a financial position. We thank you, you are our voice, we support you and we are your cheerleaders.


    2 Anne-Marie August 7, 2010 at 1:51 am

    I couldn't deal with a patchwork quilt policy. Having one federal law makes sense considering how much everyone sells into other states now that the internet is such a retail force.


    3 Jessica August 9, 2010 at 3:38 pm

    As the social media director for a small organic skin care company, I am behind you 100% !!!!!


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