Wednesday, January 14, 2009

Consumer Product Safety Improvement Act

As you know, Congress recently passed the Consumer Product Safety Improvement Act. The new law does not apply to cosmetics. Therefore, the cosmetics you purchase from Scandle LLC are not covered by the law.

In fact, the Consumer Product Safety Commission does not now nor has it ever regulated cosmetics (with tiny exceptions having mainly to do with packaging, not ingredients). The US Food and Drug Administration regulates cosmetics, and Scandle Body Candle products are in compliance with FDA law.

Passage of the Consumer Product Safety Improvement Act does not change existing laws, which state specifically that the Consumer Product Safety Commission does not regulate cosmetics. The Consumer Product Safety Commission regulates "consumer products," and cosmetics are specifically exempted from that definition.

Here is what the law says:The term “consumer product” means any article, or component part thereof, produced or distributed(i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include —...(H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321 (g), (h), and (i)]), ...

The products we sell are cosmetics. They are therefore not regulated by the Consumer Product Safety Commission, and are therefore not included within the purview of the new Consumer Product Safety Improvement Act.

If you have any questions about this, you may consult the Consumer Product Safety Commission website at http://www.cpsc.gov. There is a link on the home page about the new law. If you wish to see the cosmetics exemption yourself:

1. Log onto http://www.cpsc.gov2. Choose "Information on the Consumer Product Safety Improvement Act (CPSIA)." It's the green bar at the top of the home page3. Choose "legislation" from the green Learn More box on the left side of the page4. Choose Consumer Product Safety Act, As Amended, the PDF version5. Scroll to page 5. The definition of "consumer product" begins on the 8th line down under subsection (5). The cosmetics exemption is exemption (H).

I hope this clarifies the situation with respect to the Consumer Product Safety Improvement Act.If you have any questions, please us know.

Sincerely,
Scandle LLC

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