Cosmetic Companies Debate Removing Carcinogenic Chemicals from Products

>From Wall Street Journal 4/19/04

Amid Health Concern,
Nail-Polish Makers
Switch Formulas

By THADDEUS HERRICK
Staff Reporter of THE WALL STREET JOURNAL
April 19, 2004; Page B1

At least two major cosmetics makers are phasing out use of a common chemical
in nail polish that has emerged as a health concern, especially for women in
their childbearing years.

Procter & Gamble Co. said it will reformulate its Max Factor and Cover Girl
polishes andEstee Lauder Cos. said it will redo its Clinique and MAC lines,
among others, to eliminate the chemical in the U.S. The moves come amid
growing opposition to the compound, particularly in Europe. The two
companies already have reformulated their polishes there amid the European
Union's precautionary approach toward industrial chemicals.

While U.S. regulators tend to wait for clear evidence of problems, the EU
has been moving aggressively to remove chemicals with the potential for
trouble. The EU has voted to ban two so-called phthalates beginning in
September, including di-n-butyl phthalate, or DBP, often used in nail polish
and another compound, known as DEHP, sometimes used in fragrances.

Neither P&G nor Estée Lauder said the decision to phase out DBP is an
acknowledgment that the chemical is unsafe in nail polish. Another cosmetics
maker, Anglo-DutchUnilever, indicated it doesn't intend to change its
formula for U.S. markets, despite the European ban.

The Cosmetics, Toiletry and Fragrance Association, the trade association
representing the $29 billion U.S. industry, said DBP presents no health
risk. "This is more a matter of politics than of science," said Gerald
McEwan, vice president for science at the Washington-based group.

Phthalates (pronounced THA-layts) are a group of chemicals used to soften
and increase the flexibility of plastics. DBP is used in nail polish so its
finish doesn't chip as readily. Though there is no proof that DBP harms
humans, some evidence indicates the chemical can cause adverse reproductive
effects in laboratory animals, particularly among the male offspring of
females exposed to high levels.

The National Toxicology Program, a division of the Department of Health and
Human Services, acknowledges the risks shown in lab studies, but says the
general U.S. population appears to be exposed to DBP at levels too low to be
of immediate concern.

The cosmetics industry's trade group, the Cosmetics Toiletry and Fragrance
Association, says that the EU directive "may remove valuable ingredients
from use in the EU."

Tim Long, a spokesman for P&G, says the Cincinnati company is removing DBP
from its nail polishes in the U.S. because consumers prefer the performance
of the alternative already introduced in Europe. P&G will make the change in
the U.S. in July, and the company intends to eventually phase out DBP
globally, Mr. Long says.

Estée Lauder spokeswoman Janet Bartucci says the New York company chose to
reformulate globally after the EU moved to ban DBP because Estée Lauder's
manufacturing process requires that the company use the same ingredients
world-wide.

In March, the San Francisco-based Breast Cancer Fund asked a group of
manufacturers, among them Unilever, P&G, Estée Lauder, Revlon Inc. of New
York and France's Groupe L'Oreal SA, to sign a pledge to reformulate their
cosmetics globally following the EU directive. Revlon and Estée Lauder were
the only companies to respond, and did so with a letter from the cosmetics
trade group calling the EU regulation "an unnecessary change in the
philosophy of regulation of cosmetic ingredients in the EU." The trade
group's letter maintains that polish in the U.S., where the nail-care market
is valued at $650 million, is "just as safe" as products in Europe.

Although in 2002 the Environmental Working Group and other organizations
said at least two Revlon nail polishes contained DBPs, a company spokeswoman
said EU regulation won't force the company to reformulate either for Europe
or the U.S. L'Oréal couldn't be reached for comment.

But pressure on manufacturers to reformulate appears to be mounting. Urban
Decay, a California producer, was among the first to make its polish DBP
free several years ago after its product was highlighted in a study by the
Environmental Working Group.

How much people are exposed to the chemical is a key point of contention. In
2002 several advocacy groups found that 16 of 24 nail polishes surveyed, or
67%, contained DBP. The American Chemistry Council says that even if
consumers used 4? bottles of nail polish a day and absorbed all the DBP the
bottles contained, the exposure would still be at a level that produced no
effects in animals. But DBP is only one of a half-dozen or so phthalates
consumers are exposed to through cosmetics, and environmental advocates warn
it shouldn't be considered alone.

The moves by P&G and Estée Lauder may also rekindle the debate over
regulation of chemicals in cosmetics. The FDA regulates cosmetics only after
they reach the marketplace. Neither cosmetics products nor cosmetics
ingredients are reviewed or approved by FDA before they are sold to the
public. Nor can the FDA require companies to test the safety of their
cosmetics before marketing.

The FDA also looks for guidance from the Cosmetic Ingredient Review panel, a
scientific body funded by the industry trade group that includes liaisons
from the FDA and the Consumer Federation of America.

But environmental advocates say such an arrangement does little to protect
consumers. "It's not just the fox guarding the henhouse," says Ken Cook,
president of the Washington-based Environmental Working Group. "It's the fox
designing and building the henhouse."

Despite P&G's assertion that DBP is safe, a letter written last year by
Kathy Rogerson of P&G's external relations office in England suggests the
company has some concerns. "... There is already a program to remove DEHP
and DBP from our products," Ms. Rogerson wrote to Helen Lynn, an official of
the Women's Environmental Network, a London Advocacy group, in a letter
dated Jan. 15, 2003. Ms. Rogerson added, "We agree with WEN's position on
the inherent toxicological potential of DEHP and DBP."

P&G says the letter is consistent with its position.

A Unilever memo to the Seoul branch of the Korean Federation for
Environmental Movement on July 31, 2003, says Unilever has removed DEHP and
DBP from its products there and that, "We will not use substances that can
harm consumers." Yet in a written response to questions from The Wall Street
Journal, Unilever North America said it believes phthalates are safe, as
does the Cosmetic Ingredient Review panel. Unilever didn't address the Korea
memo.

The decision by P&G and Estée Lauder underscores the impact of regulation in
the EU, which also is proposing sweeping changes for the regulation and
testing of chemicals. Under the proposal, the EU would require companies to
register some 30,000 chemicals with a new regulatory agency and, as is
already the case with some chemicals, place the burden on industry to prove
their safety.

In California, the compounds DBP and di(2-ehtylhexyl) phthalate, DEHP, which
is used in fragrances, already are on a list of potential carcinogenic or
reproductive toxins. A measure expected to go before a state legislative
committee tomorrow would require manufacturers to reformulate cosmetics if
such chemicals are in the products, unless the companies could get state
approval that the chemicals are safe