Cosmetics national uniformity amendment pending introduction by Sen. Gregg.
This article was originally published in The Rose Sheet
Executive Summary
SENATE COSMETICS NATIONAL UNIFORMITY AMENDMENT PENDING introduction by Sen. Judd Gregg (R-N.H.) to Labor and Human Resources Committee Chairman Jim Jeffords' (R-Vt.) FDA reform legislation (S 830). Language in the uniformity amendment, which covers cosmetics and over-the-counter drugs, would give FDA regulatory precedent over state and local governments' safety and labeling statutes. The scope of FDA's preemption would also include any requirement concerning "public information or any other form of public communication relating to the safety or effectiveness of a drug or cosmetic," the proposed amendment states. "Public information" encompasses packaging information, advertising and promotional pieces such as shelf talkers and p-o-ps. The public information clause is an expansion of Gregg's 1996 amendment, which did not incorporate such language.