In This IssueICMMMAD Isssuess SStateemennt oon Proffeessional

HHHair SStraigghteninng PProdducts ......... 1

HBAAA Globbal EExppo & Connferrence RRRegisttrati oonn Opeen

ICMMMAD 388th AAnnnuaal Meeetiti ng & CCITY AAAwardds Prressentaati oon

ICMMMAD WWelcoommes NNeww Meemberss ..... 2

ICMMMAD MMembbeers Innviteed tto Att ennd Event aaat Cossmopproof Noorthh Ammerica

ICMMMAD MMembbeers OffOff erred DDiscounnts

ICMMMAD MMembbeer Reewarrds Prograam .. 3

ICMMMAD OOff erss MMenttorinng PProgramm

ICMMMAD RRepreeseentatiti vess Atttt end CCEW Event

PCPPPC Pubblishees Commpilaati oon

Connnect wwith ICCMAAD MMemmbers ........ 4

ICMMMAD AAnnouunnces CITYY Finnalists ....5-6

Callll-In Foorumms SScheedulled..................d 6

ICMMMAD’s 30thh EEditi oon oof FDDA Cosmmeti c RRRegulaati onns Worrkshhop ..............7-9

Cosmmeti cc Commppaniees Shhouuld Regiister with FFFDA’s VCRPP

Conngresss Reqqueests FDAA Accti on onn Hair SSStraigghtennerrs

FDAAA Issuees Neeww Waarninng LLett ers ..... 10

Inteeernati oonall Coorneer

Expaand YYour MMarkeet too thee EU

Expoort Reesourcees Availlablle ............. 11

Havvve Youu Heaardd...............................d 12

CIS AAAnnouncees Enhaanceed EEPLI Coverage

ICMMMAD CCOFS Prrograam UUpddate

EU GGGuidee fromm ICMAMAD .................... 13

Advvverti siing && Innfo SServvicess ....... 114-18

Memmmber Spottligght ...........................t 19

ICMAD’s Booth #1129 at HBA Global Expo & ConferenceTuesday- Thursday, June 28-30, 2011

Jacob K. Javits Convention CenterNew York

ICMAD 38th Annual Meeting & CITY Awards PresentationWednesday, June 29, 2011, 6:30 - 9:30 P.M.

ASTRA, D&D Building, 979 Third Ave., 14th FloorNew York,

Visit the ICMAD Booth, #A15393 at Cosmoprof North America

Sunday - Tuesday, July 31 - August 2, 2011Mandalay Bay Convention Center

Las Vegas

ICMAD, PBA, PCPC Legislative Updateat Cosmoprof North America

Sunday, July 31 • 2-4 P.M.Mandalay Bay Convention Center

Las Vegas

Independent Cosmetic Manufacturers and Distributors

1220 W. Northwest HwyPalatine, IL 60067-1803

847-991-4499 • 1-800-334-2623 847-991-8161 (fax)

www.icmad.org • info@icmad.org

UPCOMING EVENTS

A Synopsis of Current Cosmetic Industry News

A Synopsis of Current Cosmetic Industry News

June 2011

ICMAD Issues Statement on Professional Hair Straightening Products

On May 18, 2011, the Independent Cosmetic Manufacturers & Distributors (ICMAD) issued a statement that it joins the Personal Care Products Council, the U.S. Food and Drug Administration (FDA) and The Occupational Safety and Health Administration (OSHA) and con-sumer groups that supported a safety review by the Independent Expert Cosmetic Ingredient Review Panel (CIR) of the use of formaldehyde/methylene glycol in professional hair straightening products.

[The CIR in its review reaffi rmed its earlier fi nding regarding safe lev-els of use of these ingredients in cosmetic products at concentrations of 0.2% or less. Additionally CIR noted that use of these ingredients in hair straightener products with the application of heat could release formal-dehyde gas, which is an irritant and sensitizer.]

We support the work of OSHA and its state counterparts in ensuring com-pliance with worker safety and hazard communication rules and the work of FDA in ensuring that the safety of these products is substantiated and the labeling is compliant.

Member News

~ Welcome New Members ~Akzentz, Richmond, B.C., Canada

FIX Malibu, Inc., Malibu, CAGigantic Parfums LLC, Hallandale, FLMax InterAmericas, Inc., Carlsbad, CA

N.C. Helms, Inc., Houston, TXOriginal Little Sprout LLC, Carlsbad, CA

Project FIG, San Rafael, CARodan & Fields, San Francisco, CA

Scandle LLC, Lewisville, TXskinnyskinny, Brooklyn, NY

Vogue International, Oldsmar, FL

ICMAD 38th Annual Meeting and CITY Awards Presentation

ICMAD invites all members and their guests to the 38th Annual Meeting, on Wednesday, June 29, from 6:30 to 9:30 p.m. at ASTRA, D&D Building, 979 Third Avenue (between 58th and 59th Streets), 14th Floor in New York City.

The brief Annual Meeting and Election of the Board of Directors will take place at 7:00 P.M., followed by an elegant supper and the presentation of the 2011 CITY Awards for Cosmetic Innovators of The Year. The cost is just $110.00 per person.

This year ICMAD welcomes Claudia Lucas, director of beauty merchandising for QVC, to present the 2011 CITY Awards to 8 deserving entrepreneurial innovators. Prior to joining QVC in 2010, Lucas held merchandising leadership posi-tions with several high-profi le retailers, including Selfridges

and Henri Bendel.

For 2011, awards will be presented to cosmetic innovators in the following categories: Personal Care Product, Color Cosmetic Product, Skin Care Product - Professional Distribution, Skin Care Product - Mass Distribution, Personal Care Package Design, Color Cosmetic Package Design and Marketing/Advertising Innovation. New for 2011 is the New Beauty Innovation Award to be presented to an innovative company in business less than three years.

Invitations have been mailed out and reservations are requested by June 17. Reservations can also be made on the ICMAD web-site, www.icmad.org/calendar. For more information contact the ICMAD offi ce at 800-334-2623.

2 June 2011

HBA Global Expo & Conference Registration Open

The HBA Global Expo & Conference, which moved event dates from September to June 28-30 at the Jacob K. Javits Convention Center in New York City, announced that online registra-tion is now open for conferences and a COMPLIMENTARY exhibits pass. Go to http://www.hbaexpo.com/register to ob-tain conference and exhibits passes and sign up for seminars.

Once again ICMAD is sponsoring a market-ing track seminar, M-09, on Wednesday, June 29, from 10:45 a.m. - 12:00 p.m. It is entitled, “Get Your Company to the Next Financial Level: The Money Players You Need to Know to Build a Successful Beauty Company.” The session will be moderated by ICMAD Vice President and Education Committee Chair Pamela Viglielmo, prin-cipal of The Gramercy House. ICMAD members may obtain a 50% discount for a conference pass before June 3rd. After May 31 the ICMAD member discount will be 30%. To attend this session at the dis-counted rate, use the code ICMADE when registering online.

ICMAD member Masterpiece International Ltd. is off ering all ICMAD members free storage for the time between HBA in New York and Cosmoprof North America in Las Vegas when they use Masterpiece International for domestic trucking be-tween shows.

Masterpiece representatives will be on-site at both shows. Interested companies may email tradeshow@masterpieceint.com or call 847-806-9595 and ask for the tradeshow department. As always, ICMAD members receive a 15% discount on all domestic services.

ICMAD reminds members about our Get a Member Campaign. For every member that you bring into ICMAD, you will receive a $100 coupon toward any program, benefi t or service. There is no limit to the number of members you can bring in or the bonuses you can earn.

To ensure that you receive credit, make sure that new members put your name on the membership application form when they send it in to ICMAD.

You will be able to use this coupon to:• Renew your ICMAD dues• Attend meetings, events and semi-

nars, including the ICMAD CITY Award Presentation

• Order ICMAD publications

When you are ready to register using the coupon, you will need to do so by phone or mail. Sorry, but we cannot accept any online registrations. Mail your payment and the coupon for the desired program, product or service to ICMAD at 1220 West Northwest Highway, Palatine, IL 60067. Please call ICMAD at 800-334-2623 or 847-991-4499 if you have any questions about how to redeem the $100.

The coupon is available to current members only and is not transferable. Unfortunately board members, suppliers and those with special ICMAD relationships do not qualify for the bonus.

Thank you for supporting ICMAD, an organization that has grown to serve more than 650 member companies and one of the largest cosmetic trade associations in the world. We are the watchdog association of the cosmetic industry and provide a long list of vital services, helping members improve their small businesses.

ICMAD Member Rewards Program: Spread the Word

and Save

ICMAD Members Invited to Attend New Event

at Cosmoprof North America On Sunday, July 31, from 2:00 p.m.-4:00 p.m., Cosmoprof North America will be the platform and host to a fi rst-ever event that features the top three beauty associations, ICMAD, the Personal Care Product Council (PCPC), and the Professional Beauty Association (PBA), communicating on the collaborative eff orts to protect the interests of the cosmetic industry.

The event will be moderated by Pam Busiek, ICMAD President, and feature John Hurson, Vice President, Legislative for PCPC, who will speak on regulatory eff orts and provide an update on the Safe Cosmetics Act; Sharon Blinkoff , ICMAD Secretary and Chair, Government Relations Committee, who will present, “Backup Your Advertising Claims!” and Steve Sleeper, Executive Director, PBA, who will provide and update on professional beauty market issues.

The session will be held in a conference room located on the show fl oor followed by a cocktail reception from 4:00 p.m.- 5:00 p.m. It is complimentary to all attendees as it is important that all industry decision makers attending the show partake in this extremely informational session. This session a must for anyone working in an executive position at this time in the industry.

ICMAD Members Off ered Discounts to AttendCosmoprof North America

ICMAD members are off ered a special opportunity to attend Cosmoprof North America, scheduled for July 31-August 2, 2011, at the Mandalay Bay Convention Center in Las Vegas, at a discounted rate. To receive a 50% discount on entrance fees, go to http://www.cosmoprofnorthamerica.com and register using the code ICMAD11.

ICMAD has scheduled a special session as part of the show’s educational off erings, entitled, “Your Exit Strategy — Success Stories & Planning Your Next Move.” Moderated by ICMAD President Pam Busiek, the session will take place on Monday, August 1, from 11:00 a.m. to 12:30 p.m. and will include representatives from leading investment groups that focus on the beauty industry. The scheduled speakers are M. Hadley Mullin, Managing Director at TSG Consumer Partners, Stephen Powell of Catterton Partners and Jill Scalamandre, Chief Marketing Offi cer of Chrysallis Group.

Mullin will discuss how beauty companies can maximize their chances for a successful exit, Powell will examine the “anatomy” of maximizing value — merging the growth and operating and exit strategies into a competitive strategy and Scalamandre will present “marketing towards the exit.”

In 2010, ICMAD’s educational sessions at Cosmoprof were standing room only events, so don’t be left out in 2011 — you can register online.

June 2011 3

The Membership Development Commit-tee is pleased to off er “mentoring” via e-mail to all our members. The service is confi dential and exclusive to members. We have a dedicated group of successful ICMAD mentors who are experts in their fi elds and are willing to share their knowl-edge and experience with our members.

To participate, you should select a topic and e-mail your questions to Mentor@icmad.org. We will forward your inquiry to the person best qualifi ed to off er an-swers and guidance. It will then be up to the Mentor (or both parties) to decide if a follow-up call might be necessary.

Topics include: aloe vera benefi ts, botani-cals, branding, color cosmetic formula-tion, contract manufacturing, fi nancing; fragrances, international development, importing, Internet sales, marketing, niche products, package design, prod-uct safety and effi cacy programs, vendor searches and sales promotion and pric-ing. Please note that technical and regu-latory topics are not included in the men-toring program. ICMAD has consultant members available for these topics.

Send us your questions on any of these topics and we will try to give you our best advice, objectively and in the spirit of en-trepreneurship. The submission of any email to Mentor@icmad.org indicates acceptance of the following terms:

Each mentor is providing mentoring advice in good faith and without com-pensation. Each entity that receives such advice must make an indepen-dent determination of whether to rely on such advice. Both ICMAD and each individual mentor hereby disclaim any responsibility for the consequences of relying, or not relying, on the advice provided.

ICMAD Off ers Mentoring Program

ICMAD Representatives Attend CEW EventICMAD President Pam Busiek and Executive Director Penni Jones were invited to attend the CEW Women in Beauty series event on April 28, 2011 at the Harmonie Club. The event “Time-Defying Scents” fea-tured Chanel's Christine Dagousset and The Estée Lauder Companies' Veronique Gabai-Pinsky.

PCPC Publishes Compilation of U.S. Cosmetic IngredientsThe Personal Care Products Council recently published the fi rst edition of the Compilation of Ingredients Used in Cosmetics in the United States (CIUCUS). This is the fi rst reference publication for ingredients that have been reported by the industry un-der the FDA’s Voluntary Cosmetic Registration Program (VCRP).

According to PCPC, the CIUCUS is the most accurate and complete publication avail-able that references ingredients used in products sold in the United States. It is meant to be a companion to its International Cosmetic Ingredient Dictionary (ICID), the com-prehensive international reference source about substances that have been identifi ed as potential cosmetic ingredients. While the ingredient dictionary is a useful reference for product formulators, regulators, physicians, raw material suppliers and consumers, it does not contain actual ingredient usage information.

CIUCUS provides the frequency of use information for INCI names based on the VCRP database. The cost of the publication is $350 for PCPC members and $450 for non-members. Copies can be obtained by contacting the Council Publications store at 301-953-2614, by emailing publications@personalcarecouncil.org or online at http://www.personalcarecouncil.org/council-bookstore.

4 June 2011

Connect with ICMAD Members FasterCommunicate with your fellow ICMAD members through LinkedIn. The goal of social media is to help you get your questions and other general business concerns answered from others who are in the industry.

Getting started is easy, you’ll fi rst need to create a profi le (if you do not already have one) on www.linkedin.com. Once this is completed, search and ask to join the ICMAD group. You will then have access to information on upcoming events such as the ICMAD FDA Cosmetic Regulations Workshop and After-Hours. We also allow nonmembers access to the group, providing you with a larger network with which to communicate.

We encourage you to participate in this group and the ICMAD Members Only group to help increase your knowledge and build conversations among your peers. To make sure this forum is successful, encourage your staff to join as well and contribute to this page on a regular basis. If you have any questions or suggestions for content, please contact Marilyn Mages at 847-991-4499 or mmages@icmad.org.

ICMAD Announces CITY Finalists for 2011ICMAD is pleased to announce the fi nalists for the 2011 CITY Awards competition for Cosmetic Innovator of The Year Awards. The winners in each category will be announced by Claudia Lucas, director of beauty merchandising for QVC at the ICMAD 38th Annual Meeting, on Wednesday, June 29, 2011, from 6:30 p.m. - 9:30 p.m. at ASTRA, D&D Building, 979 Third Ave., 14th Floor, New York, NY. Once again, our three judges had the unenviable task of selecting the most innovative products, packaging and marketing/advertising programs.

We would like to express our appreciation to our three judges for their time and efforts in reviewing and selecting the best representatives of innovation in the cosmetic and personal care industries.

Marcia Engle is a product development and marketing consulting with extensive experience working for Alberto Culver, Clairol and Helene Curtis. She is also a published author.

Sue Canepa is a communications professional with 20 years’ experience working for a number of well-known brands including Charmin, Clearasil and Crest. She continues to consult on consumer product marketing and program development.

Peggy Gilmore is a package goods design and advertising specialist. She has worked for the G2 and Grey Advertising Agencies, where she was a creative director for Cover Girl and Max Factor for instore retail promotions.

The fi nalists for the 2011 CITY Awards are:

Personal Care Product InnovationEcru: Little Green is a collection of baby and children’s products that are safe, gentle, and pure. They are delicate, hypoallergenic formulas

Marcia Engle, Sue Canepa and Peggy Gilmore join ICMAD President Pam Busiek for a day of judging CITY entries.

that respect children and the environment they will grow up in.

Ecru: Ink Shield is a moisturizing tattoo balm that revives and polishes body art. It is conveniently packaged in a small twist up container so moisture thirsty skin can now be hydrated at any time.

It Cosmetics: Heavenly Luxe Powder Brush is a 100% cruelty-free, ultra plush and luxurious mega-tool giving makeup application an airbrushed effect. It serves as a light facial massager.

La Canada: MD Lash Factor Eyelash Conditioner is a new generation formula that provides help to develop fuller, thicker, longer looking lashes in four-to-eight weeks.

Luminess Air: The Luminess Tan™ system includes everything needed to get a perfect year-round salon perfect tan at home. The airbrush system delivers streak-free, smell-free and instant results.

Number 4: High Performance Hair Care translates retail size professional hair care packages into travel size 1.5 oz. packages with functional and design elements including a wide-mouth distribution and ability to refi ll.

Olan Labs: Crack™ is a unique multi-tasking, leave-in treatment and styling aid in one. It transforms keratin-depleted, stressed, frizzy, and curly hair to a sleek, smooth healthy, shiny dimension.

Priti NYC: Soy Nail Polish Remover Wipes are lemongrass scented and earth-friendly wipes derived from farm crops. The wipes leave hands and nails feeling moisturized and nourished with a sweet citrus scent.

Scandle: Shimmering Lotion Candle burns at 2 degrees above body temperature to produce a soothing and healthy body oil. It is perfect for massage, cuticle treatments for manicures/pedicures or as an everyday moisturizer.

Tammy Taylor Nails: Miracle Manicure Base Coat extends the life of a manicure by 75% or more and uses the regular nail polish. It can be removed with regular nail polish remover.

Color Cosmetic Product InnovationAmerican International: Crackle polish applies

over nail polish and “cracks” to a deconstructed fi nish, with the most colors of any manufacturer.

Ecru: Beauty Addicts Sweet Lips is a high-shine gloss that hydrates the lips with Vitamin E and Jojoba Butter. The gloss gives a shine and nourishment without the stickiness.

e.l.f Cosmetics: Studio Complete Coverage Concealer is a four-chamber concealer palette that holds four different skin tone hues to custom create the perfect concealer shade year-round. It allows the user to fi nd the right shades for changing skin tones associated with season changes.

It Cosmetics: Brow Power™: Universal Eyebrow Pencil includes ingredients to target brow hair follicle health and promote hair growth for the brows.

Skin Care Product Innovation — ProfessionalA/F Protein: LIFTLAB Skin Regeneration treats and repairs skin. It is a moisturizing and smoothing cream and contains patented CPP (Cell Protection Proteins) and peptides. It is extremely gentle, with most users commenting it “melts” into the skin.

American International: Woody’s takes a revolutionary approach to men’s personal care by combining unique ingredients to create a bar soap like no other. Shampoo with it, shave and shower up with it! Each task accomplished with absolute perfection.

Better Way (Thailand) Company Ltd: Mistine Dermo-C Vital Serum has the integration of advanced technology and active compounds that create a cosmeceutical product used as an anti-aging solution.

Conrex Pharm Corp: Post Treatment Oxy Revital PL Cream is to be used after aggressive treatments such as microdermabrasion and peels that have damaged skin. It also helps treat skin from conditions that include rosacea.

La Bella Vita Cosmetico: Bella Vino is a certifi ed vegan Vino Therapy skincare program that uses certified organic and phyto-pharmaceutical ingredients. It has a complete skin care and spa line and professional only products. There is also its own brand of red wines used in conjunction with the spa products.

June 2011 5

ICMAD Announces CITY Finalists for 2011, continued

ProBios Laboratories: Transderma C & A are deep absorbing formulations providing the triple benefi ts of elasticity, luster and helps collagen production for smooth beautiful skin.

Skin by Nulastin: SKIN with elastin replenishment moisture therapy helps diminish the appearance of fi ne lines, wrinkles and sagging. This product is ideal for men and younger people desiring preventive maintenance.

Skin Care Product Innovation—MassAmerican International: Frutique is a skincare system incorporating fruit essences, geared toward women from 18–40.

Fix Malibu: FIX Wish Wash is a powder exfoliant designed to smooth skin’s surface texture and deeply cleans pores so skin looks more luminous and youthful after just one wash.

Immanence: Ultim-Age anti-aging serum heightens the skin’s regeneration potential to smooth the surface and fi ght wrinkles and fi ne lines as well as even the complexion.

It Cosmetics: Bye Bye Lid Lines™ Age and Prevent Primer is an anti-aging treatment product for your eyelids. It can be worn alone as a treatment or underneath makeup as an eyeshadow primer.

JB Cosmetics: JB Lash Food off ers women a beautiful way to longer, thicker, fuller lashes that will last up to two months.

suki: Eye Lift Cellular Renewal cream corrects puffi ness, dark circles and visible signs of aging, leaving skin fi rm, lifted and toned.

suki: Complete Care Kit is a 4-step system that caters to four unique complexion profiles, recognizing that no one person has the same skincare concerns.

World Wide Packaging: Evolution Man has masculine packaging that is sexy enough to sit on the bathroom counter, but discreet enough to bring to the gym. All tubes are made from post-consumer grade recycled plastic.

Personal Care Package Design InnovationEcru: Freedom of Style Tube is for anyone and everyone. The Village Collection Tube is the

perfect pre-pack of products that arms every stylists’ station with the ability to create endless styles for clients who walk through the door.

Ecru: Ink Shield is a moisturizing tattoo balm that revives and polishes body art. It is the perfect shape and size to ensure easy, smooth application. It is edgy, chic and cool for anyone to carry.

Number 4: High Performance Hair Care translates retail size professional hair care packages into travel size 1.5 oz. packages with functional and design elements including a wide-mouth distribution and ability to refi ll.

Co l o r Co s m e t i c Pa c k a g e Design InnovationForsythe: Glam are high quality, self-sticking decals that lay right over the nail for a hot new look. It is the fi rst of its kind in cool, funky and hip designs.

I redale M ineral Cosmetic : My Steppes is a multitasking m a k e u p k i t — a t h re e - t i e r compact that contains two lip glosses, a blush, bronzer and a mirror. This is beautiful and intriguing to the eye, as well as portable and functional.

World Wide Packaging: Ceramide Ultra Lipstick is a custom all metal weighted lipstick package. The case features an audio click that ensures customer confi dence of a positive cap to base lock.

Advertising/Marketing InnovationCBI Laboratories: “Think of us as the ladder”—Most skincare industry ads feature glamorous soft focus images which this does not. We view our role as one of support for those we work with.

Iredale Mineral Cosmetics: Tantasia Self Tanner is designed to follow the same stylistic vein as our 2010 ad campaign. It is meant to insinuate a great escape to either an island of your imagination or a real island.

JB Cosmetics: JBLashes.com off ers clients the ability to browse through our menu of products and services. Each client sector has its own webpage addressing specifi c needs.

Call-In Forums ScheduledICMAD’s Education Committee is schedul-ing call-in forums for members during the months of March, April, May, September, October and November.

Call-in Forums are single topic teleconfer-ences that allow you to talk with and get answers from a subject expert. Calls are limited to one hour and 15 participants to allow the best interaction.

The last Call-in Forum on “Getting the Biggest Bang for Your Print Advertising in a Digital Age” was held on March 29. Linda Lomberg, a leading media super-visor, hosted the event. Prior topics in-cluded Secrets of Success and Survival in Business was hosted by ICMAD past presi-dent and current board member, Flori Roberts. She is the creator of Smart Cover Cosmetics.

More information on this year’s Call-in Forum series will follow in the upcoming issues of the Digest, online at www.icmad.org and in your email.

The May 26th event covered QR Codes and taking your brand mobile. Brett Goldberg, President of Synqware, was the speaker. For a summary of the event, see next month’s issue.

If you have a suggestion for a topic, let us know. Also, if you need to update your e-mail address or physical address in-formation to ensure you are getting all of ICMAD’s information, please call us at 800-334-2623 or email info@icmad.org.

The winners in each category will be profi led in the July/August Digest and will appear in the specifi c CITY Winners microsite on the ICMAD website, www.icmad.org. All fi nalists will appear for an entire year on the separate CITY webpage of the ICMAD website.

6 June 2011

ICMAD’s 30th Edition of FDA Cosmetic Regulations Workshop Provides New Insightsby Sheila Sebor, Associate Executive Director

The 30th ICMAD FDA Cosmetic Regulations Workshop off ered attend-ees new insights into the workings of the agency and how its relationships with other government departments and busi-ness organizations aff ects its oversight of cosmetics and over-the-counter drugs.

The day-long seminar, held April 28 at 3 West Club in New York, showcased rep-resentatives from both the cosmetic and drug offi ces of the Food and Drug Administration (FDA). They were joined by ICMAD’s industry experts and a number of attorneys from Venable LLP to provide the latest information on how the govern-ment regulates what companies can say about their products on their labels and in their advertising.

ICMAD Executive Director Penni Jones welcomed attendees to the workshop, not-ing that the as-sociation was honored to be able to continue to provide this educational opportunity and appreciative of the continued participation of FDA of-fi cials, particularly during a period of gov-ernment cutbacks.

ICMAD President Pam Busiek also welcomed every-one and detailed the benefi ts her company has ob-tained from tak-ing ICMAD’s edu-cational sessions, as well as the as-

sociations other programs and services. In particular, attending ICMAD’s seminars provides smaller companies with practi-cal regulatory information to help them succeed. The consequences of not being aware of regulations, or not complying with them, can be signifi cant, as a num-ber of the day’s presentations made clear.

Sharon Blinkoff , Of Counsel, Venable LLP, provided an update on the FDA’s leg-islative and regulatory activities with

respect to cosmetics. She gave a brief sum-mary of the history of the FDA Food Safety Modernization Act of 2008, which originally included cosmetics. The bill signed into law in January 2011 did not. However, the bill gave FDA the authority to order recalls, broaden the scope of its inspec-tion and levy registration fees on foods.

In 2010, a “sweeping” cosmetics bill was introduced in Congress. Backed by the Environmental Working Group (EWG), the legislation would have regulated cosmet-ics more stringently than over-the-coun-ter drugs. In response to these activities, cosmetic industry trade associations, in-cluding ICMAD, have formed a coalition to propose cosmetic legislation.

She provided an update of the recent FDA warning letters sent to cosmetics compa-nies, which showed that the agency is looking closely at claims made on com-pany websites, including those made in consumer testimonials. Another FDA warning letter asserted that a company’s products were drugs based on claims made, but also because the products con-tained an analog of an active ingredient found in prescription drugs.

Common importation issues include labeling violations, use of unapproved color additives, skincare products with anti-aging claims and improper country of origin statements. Blinkoff noted that U.S. customs has absolute authority to stop products at the border.

Ed Glynn, Partner, Venable LLC, discussed the coordination activities of FDA and

the Federal Trade Commission (FTC), the government agency charged with overseeing adver-tising. According to Glynn, the FTC will allow “any claims as long as it’s true,” but for FDA, “truth is no

defense” if it renders your product a drug.

Basic FTC law requires that “Advertising must be truthful and not misleading.” This must be substantiated by “well-controlled human clinical studies.” The law applies this general standard to foods, drugs and cosmetics. The two agencies have re-lated but diff erent philosophies, but have developed a relationship to issue joint warning letters.

Glynn described the new FTC injunctive order provisions, which change how the agency views advertising claims and ref-erences FDA determinations. Now, com-panies can’t make specifi c disease claims for drugs unless they have been approved by FDA. This has resulted in joint warning letters to companies by both FDA and FTC. Glynn indicated these joint warn-ing letters are “scary pieces of paper” that require a response to the FDA within 15 days and a specifi c remedy for FTC.

David Adams, Partner, Venable LLC, provided a presentation of the OTC performance claims. He said per-formance claims for this class of products must be

substantiated and if the claims are out-side the monograph the product is con-sidered an unapproved new drug. Claims that suggest a new use have been cited in FDA warning letters. For combination OTC drugs, if the combination is not rec-ognized in the monograph, it too is con-sidered an unapproved new drug.

FDA has placed greater emphasis on enforcing these provisions and has is-sued a number of warning letters, both separately and jointly with FTC regarding how these products are promoted on the Internet. He off ered specifi c examples of recent warning letters, which included antiseptics, hand sanitizers and hair growth (eyelash and eyebrow) products.

Carl Geff ken, Carl Geff ken Consultants and ICMAD’s Chair of the Technical/Regulatory/Legislative Committee, pro-vided some insights into cosmetic Good Manufacturing Practice guidelines, which have become more important than ever

June 2011 7

for companies inter-ested in expanding their markets over-seas. GMP compli-ance for cosmetics, said Geff ken implies a state of control over all facets of the manu-facturing process. In the U.S., FDA provides

Cosmetic Good Manufacturing Practice Guidelines on its website, www.fda.gov. Then search for GMP Guidelines.

In the EU, the ISO 22716 International Standard on Cosmetics is mandated by the Cosmetic Directive and has achieved worldwide acceptance. In the U.S. and Canada, cosmetic GMP is expected but not required by regulation. According to Geff ken, there are 17 key elements for GMP compliance in the ISO 22716 stan-dard. He provided some detail about each of the elements. They include: scope of compliance, terms and defi nitions, per-sonnel, premises, equipment, raw materi-als and packaging, production, fi nished products, quality control laboratory, out of specifi cation product, waste disposal and reject materials, subcontracting, de-viations, product complaints and recalls, change control, internal auditing and documentation.

I C M A D C h a i r m a n Stan Katz in-troduced CIS Vice President Ken Hegel to provide infor-mation on a little known aspect of business insurance and how it can aff ect companies. He pre-sented “Employment Practices Liability & the Cosmetics Industry: a Claims Study.” He noted that less than 40% of CIS’s cli-ents have EPLI coverage, but the average claim cost businesses $270,000 in 2010. He said three out of fi ve companies will face an employment practices suit. To prevent this, companies need to take a se-rious look at their human resources prac-tices. He provided fi ve examples of suits that all cost companies signifi cant dollars, from $65,000 plus fi nes and assessments to $2.6 million. The causes of the suits

ranged from wage and hour disputes to sexual harassment and discrimination/wrongful termination.

Kristen Moe, Compliance Offi cer, OTC Team in FDA’s Center for Drug Evaluation and Research, provided a presentation on the OTC monograph system and its impli-cation for cosmetic products. She pointed out the diff erences in the defi nitions of drugs and cosmetics but noted that some products can be both, such as antidan-druff shampoo and moisturizers with sunscreens.

There are two legal ways to market an OTC drug product, through the new drug approval (NDA) process or the OTC mono-graph system. The NDA process provides exclusivity for a product, but is consider-ably more expensive. She detailed the diff erences between the two processes and further described the three-step monograph procedure. It begins with an Advanced Notice of Proposed Rulemaking (ANPR) and proceeds to a Proposed Rule or Tentative Final Monograph (TFM). At each step, a comment period is defi ned, during which interested parties can send reactions to the published information. During either of these two steps, prod-ucts can still be marketed. After review of the comments, FDA publishes a Final Rule or Final Monograph, which details how the product category must be man-ufactured, tested and labeled. Products that are both OTC drugs and cosmetics must comply with both sets of labeling requirements.

Dr. Linda Katz, Director, Offi ce of Cosmetics and Colors (OCAC), FDA’s Center for Food Safety and Nutrition, pre-sented an update from the cosmet-

ics offi ce. Although funding for OCAC was up an additional $1 million in FY 2009 and an additional $2 million in FY 2010,

she won’t know how much money will be available for FY 2011 until September 2011. The offi ce’s core business pro-cesses include the Voluntary Cosmetic Registration Program (VCRP), Safety Evaluations, Research, Color Certifi cation, International Activities and Enforcement.

VCRP database changes include auto-matic mailings that indicate when an account is active and notices that a fi ler should register only after the products are in commercial distribution. For safety evaluations, Katz noted that FDA recently published an article asking consumers to report adverse events to FDA. OCAC has made a major time commitment to inter-national issues, according to Katz, given the fact that cosmetic imports to the U.S. have nearly tripled in the last seven years. She spoke briefl y about OCAC’s commit-ment to the ICCR international cosmetic cooperative process, and mentioned spe-cifi cally that working group reports on nanotechnology and trace materials will be the focus of the fourth meeting in Paris in June.

Regarding compliance and enforce-ment activities, the areas of interest track closely with reported information on cos-metic-related adverse events. In order of volume, they are: skincare products, fol-lowed by haircare, eye-area makeup, per-sonal cleansing, oral hygiene and hair col-ors. Import alerts and refusals comprise a large portion of OCAC’s compliance ef-forts. There are currently 12 import alerts for cosmetics, said Katz, including one for skincare products with anti-aging claims. In FY 2010 there were a total of 1687 cos-metic import refusals, 39% for drugs and medical devices improperly marketed as cosmetics, 33% for labeling violations, 26% for color additive violations and only 2% for contaminants or insanitary conditions.

One additional business process that has been identifi ed by OCAC is the need to update and restructure FDA guidelines to make them broader, clearer and more sci-entifi c. Katz requested stakeholder input and involvement in the redevelopment of guidances for the industry.

ICMAD’s 30th Edition of FDA Cosmetic Regulations Workshop Provides New Insights, con’t.

8 June 2011

Don Havery, OCAC, provided attendees with a real-time inter-active presentation of the offi ce’s electronic Voluntary Cosmetic Registration Program. There are a number of advantages in using FDA’s program. One

of the least known is its ability to func-tion as a back up of a company’s system. It can become your library as well as a search tool and can be used as an inter-active database. It can also be used as an ingredient dictionary since it contains all of the most commonly used cosmetic ingredients.

He provided some tips to using the sys-tem that resulted in an average of 1 to 2 minutes to register each product. Other features of the system allow a copy to search its formulations in the database and download them to a spreadsheet, a message box that allows OCAC to con-tact all registrants in the event impor-tant information needs to be publicized and a help link for anyone who has ques-tions about any of the registration steps. Havery mentioned that currently profes-sional use only products cannot be regis-tered, but at the request of the industry, the agency is looking at this issue.

The fi nal session of the day was a panel discussion on claims substitution, moder-ated by Ed Glynn. Discussion participants included Tom Cohn, Of Counsel, Venable LLP, Craig Weiss, President, Consumer Product Testing Company, Inc., and Annie Ugurlayan, Senior Staff Attorney, National Advertising Division (NAD), Better Business Bureau.

Tom Cohn provided new information on FTC’s enforce-ment of the revised E n d o r s e m e n t Guides. His advice? “You’d better take them very seriously.” The revised Guides apply specifi cally to new media, including bloggers. The FTC is becoming increas-ingly tough on those companies who

ignore them. According to Cohn, FTC is clearly targeting advertisers and their agents, not individual bloggers, for fail-ing to disclose compensation and other connections between the endorser and the advertiser. In mid-April, FTC brought a case against a marketer who represented that reviews of its products were by ordi-nary consumers or independent review-ers when in fact, they were posted by af-fi liate marketers receiving commission for sales generated. The proposed consent order was a $250,000 settlement and pro-visions about the marketers’ future busi-ness practices.

Craig Weiss pro-vided practical information on the types and methods of cosmetic test-ing needed to sup-port certain types of claims. There are two types of claims, said Weiss, formula-tion claims and performance claims. An example of a formulation claim is “Oil Free.” Performance claims such as “Instantly boosts hydration levels by over X%” must be validated by studies that comply with industry standards. Well-designed studies provide both clinical signifi cance and sta-tistical signifi cance, which in today’s mar-ketplace most regulators want to see to substantiate a claim. Clinical signifi cance refers to those changes that can be seen as a result of the product’s performance. Statistical signifi cance refers to changes in the data as tested by statistical meth-ods. For example, Weiss strongly recom-mends that photos be taken in studies of anti-aging products to standardize the clinical signifi cance of the product. He discussed the types of equipment used for specifi c studies but concluded by say-ing that a well-designed study is the most important aspect of cosmetic testing, be-cause the “data must stand up to scrutiny.”

The fi nal panel pre-sentation was given by Annie Ugurlayan on how the NAD re-views advertising claims. According to Ugurlayan, NAD has achieved a compliance

rate of roughly 95% of challenged adver-tising. The challenges to the information supplied by a company through print, television, Internet, radio and direct mail-ing advertising can come from various sources, including competitors, consum-ers, the NAD’s monitoring program and advocacy groups. Many types of claims are reviewed in a three-step review pro-cess. First, there are two rounds of sub-missions, which consist of challenge let-ters and replies. The second step involves meetings with NAD, where questions about the submission can be answered. Finally, NAD provides a decision on the submission, that can be a confi rmation of the statements, a request that the state-ments or graphics be modifi ed, or a re-quest that certain statements or graph-ics be removed. For beauty products, Ugurlayan provided several examples of the types of advertising claims that were challenged and how NAD responded.

Attendees were highly impressed with both the quantity of information pre-sented and the quality of the speakers. In their own words:

“This was fantastic! I am fairly new to reg-ulatory and this has signifi cantly solidi-fi ed my knowledge and helped direct me to resources that I may not have known about.”

“Overall this is an informative training program and provides enough informa-tion to make it well worth attending.”

“Information was very useful in un-derstanding FDA regulations and new requirements associated with our indus-try as well as future potential regulations.”

Copies of all presentations are available on a CD for $100. Contact the ICMAD of-fi ce at 800-334-2623 or email info@icmad.org to purchase the set.

ICMAD’s 30th Edition of FDA Cosmetic Regulations Workshop Provides New Insights, con’t.

June 2011 9

Congress Requests FDA Action on Hair Straighteners

Ten members of Congress have sent a letter to the FDA expressing concern and requesting action from the agency to protect workers and consumers from the potentially serious health problems caused by the use of hair straightening products that contain formaldehyde.

According to Illinois representative Jan Schakowsky: the current formaldehyde controversy is “why I’m planning to re-introduce the Safe Cosmetics Act, leg-islation that will ensure that cosmetics do not contain harmful ingredients.”

The controversy began with investi-gations by Oregon OSHA and Health Canada, which detected higher than permitted levels of formaldehyde in hair straightening products claiming to be formaldehyde-free.

In April 2011, the National Academy of Sciences released a report that confi rmed the Environmental Protection Agency’s conclusion that formaldehyde causes cancer in humans.

In response to these fi ndings, the activ-ist group Environmental Working Group (EWG), recently released a report, “Flat-Out Risky,” that details eff ects resulting from using certain keratin-based hair straighteners and presents fi ndings based on salon usage. EWG has fi led a citizen pe-tition with FDA urging the agency to ban formaldehyde and formaldehyde-releas-ing chemicals in these products. They are also asking the FTC to take action against companies “engaged in false and mis-leading marketing,” and are looking to the U.S. Congress for legislative action.

On April 11, U.S. OSHA issued a hazard alert to salon owners and workers cau-tioning against the use of hair smooth-ing products containing formaldehyde, methylene glycol, formalin and related products.

Six countries have prohibited the use of formaldehyde-containing hair straighten-ers. Currently, FDA cannot require product recalls but can request a voluntary recall of a product. It has not yet done so with respect to hair-straightening products.

FDA Issues New Warning Letters

On April 18 the FDA’s Public Health Service division of the Los Angeles District issues warning letter to three brand owners of eyelash growth products. The letter no-tifi ed them that because of marketing claims made for their products, they were in violation of the Federal Food, Drug and Cosmetic Act.

All three brands are considered by FDA to be unapproved new drugs, and mis-branded drugs “as presently formulated, labeled and promoted,” and two are con-sidered adulterated drugs.

The unapproved new drug and mis-branded drug determinations were based on a number of claims made on various website and in promotional literature. They include:

“This formula is designed to lengthen and thicken lashes in 30 days. Your lashes and your eyebrows grow thicker and faster.”

“In 6 weeks, my eyelashes were back to the original length of my younger days.”

“Helps promote cell regeneration.”

Based on these and other statements, FDA concluded that the products were drugs because they, “are articles intended to aff ect the structure or function of the body by inducing eyelash and eyebrow growth.”

The agency also noted that two of the products are defi ned as prescription drugs because they contain an analog of a prescription drug that has a potential for a harmful eff ect and is “not safe for use ex-cept under the supervision of a practitio-ner licensed by law to administer them.”

All three products are considered by FDA to be misbranded because “their labeling makes misleading statement regarding the product’s safety and also fail to re-veal material facts with respect to conse-quences that may result from the use of the product.

FDA requested a response within 15 days of receipt of the letters.

Cosmetic Companies Should Register with FDA’s VCRP

There are several important reasons why every company should partici-pate in FDA’s Voluntary Cosmetic Registration Program, according to an article written by ICMAD Board Member David Steinberg. “One of the best defenses against new regulations such as the recently passed California Law is to show that cosmetic compa-nies actively participate in the volun-tary programs managed by the FDA. This shows that self-regulation works.” If the process were to become manda-tory, it could take a long time before a product could be marketed. Under this voluntary program, the FDA acknowl-edges a registration in two weeks.

“Another reason to register is that the CIR panel of the Personal Care Products Council (formerly CTFA) uses this data to determine its priority list.” If there is insuffi cient data presented by industry to support a safe conclu-sion, “the ingredient may be in serious jeopardy.” When an insuffi cient data fi nding is made by CIR, it attempts to contact all known users and it gets the information from FDA registrations.

Also, the EU requires that all ingre-dients used in cosmetics sold in the region be on its inventory list and it uses FDA’s VCRP report to check ingre-dient usage.

“Another benefi t of registering is that the FDA adds registered companies to a pipeline to receive important in-formation if safety issues arise using an ingredient. Finally, for over-the-counter (OTC) drugs required to carry ‘Drug Facts’ labels, one way to show an inspector that a drug is really a cos-metic/drug is to present a VCRP receipt from the FDA.”

FDA representative Don Havery gave a presentation and demonstration of the program at the most recent ICMAD FDA Cosmetic Regulations Workshop in New York City on April 28, 2011. Please contact the ICMAD offi ce for a copy of his PowerPoint presentation.

10 June 2011

CanadaOn April 1 3 , H e a l t h Canada an-nounced the results of its testing to de-tect formalde-hyde levels in hair smooth-ing treatments and named fi ve

products it determined contained unsafe levels of the ingredient. Health Canada is working with Canadian distributors to address concerns over professional hair smoothing solutions and to stop the sale of those products with levels over the legal limit of 0.2 percent.

FranceThe French National Assembly voted on May 3 to ban the use of chemicals alleged to be endocrine disruptors in consumer products. These include phthalates, al-kylphenols and parabens, which are used in a variety of cosmetic products. The proposal was passed by a vote of 236 to 222. According to www.premiumbeau-tynews.com, the bill as proposed was ad-opted against the opinion of the govern-ment and despite a negative vote by the Assembly’s Commission of Social Aff airs.It is not certain to become law, as it must also be approved in the French Senate, the upper parliamentary chamber.

IndiaThe Indian Ministry of Health and Family Welfare has postponed the eff ective date of a rule that requires all cosmetic prod-ucts imported into India to be tested and registered before being placed on the market. Due to lack of clarity in the provi-sions and diffi culties in implementation, the eff ective date has been changed from April 1, 2011, to October 1, 2011.

PolandAccording to a report from Euromonitor International, the sale of beauty and personal care products will continue to boom in Poland, fueled by skincare, bath and shower and men’s grooming prod-ucts. In 2009 the market grew 5.1 percent to $4.05 billion.

This demand was fueled by Polish con-sumers’ continued preoccupation with personal appearance and indicated they were not cutting back on spending for these articles. Furthermore, this interest has led to increased sales in specialized beauty and personal care products that target diff erent age groups, genders and skin types.

Major chains are expanding in the coun-try, but since they tend to be located in large and medium-sized cities, large-scale grocery outlets continue to be the fi rst choice for buyers in smaller towns and cities for purchasing beauty and personal care products.

Multinational companies dominate the market in Poland, due to their well-known brand names, product availability, their ability to heavily invest in both advertis-ing and R&D innovation.

Sweden The Swedish medical products agency (Lakemedelsverket) has indicated that there are a number of products on the market that do not comply with current regulations.

As part of its market surveillance author-ity, the agency tested 99 skincare creams currently available in the country to as-sess compliance with rules governing preservatives. The majority were manu-factured in Sweden.

An analysis of the test results revealed that 20 products contained one or more preservatives not declared on the prod-uct’s ingredient statement.

Labeling errors were more common, with 76 of the 99 products exhibiting errors on their labeling, including incorrect busi-ness names and addresses, quantity of contents, durability after opening, warn-ings, batch number and ingredient listing.

Following the report, a number of prod-ucts were pulled off the market. Also, the agency decided to prohibit the sale of certain products where the problems were considered signifi cant or where the companies were unable to correct the errors.

Export Resources Available ICMAD has a number of resources avail-able to ICMAD members interested in exporting their products.1. The second edition of “A Guide to

European Cosmetic Regulations” is now available. The publication can assist U.S. companies in understand-ing and complying with the EU regu-lations in the Seventh Amendment to the Cosmetic Directive. Included in the 111 page soft cover book is a sam-ple PIP. The price is $95 per copy for members and $195 for nonmembers.

2. Since 1992 ICMAD has issued Certifi cates of Free Sale on behalf of its member manufacturers. We have procedures to authenticate certifi -cates to 122 diff erent countries. For more information, call the ICMAD offi ce.

June 2011 11

INTERNATIONAL CORNER

Expand Your Market to the European Union

ICMAD off ers members the opportunity to participate in its EU Program, which off ers both an address in the European Union, a requirement for importing prod-ucts in the 27 countries of the EU, and information and forms for completing a product registration. The address must appear on all your products, must be in-cluded in your registration information and is where your Product Information Packages (dossiers) must be made avail-able to the Competent Authorities.

For a reasonable annual fee (in addition to member dues), ICMAD members have the opportunity to use an address in Belgium. Program information and contract forms are available on the Membership/Export Assistance section of ICMAD’s website, www.icmad.org.

Members participating in the pro-gram, or who are considering participa-tion should be aware that product reg-istration in the EU is both complex and expensive. Compliance with all parts of the EU Cosmetic Directive is required and noncompliance can result in fi nes, mandatory recalls or prevention of future importation.

For more information contact the ICMAD offi ce at 1-800-334-2623 or email info@icmad.org.

12 June 2011

HAVE YOU HEARD ?Private Label vs. Personal Care

Brands: Who’s Winning the Race

A global Datamonitor consumer survey conducted in August 2010 found that 44% of U.S. consumers tend to agree or strongly agree that they are spending more on private labels than they were in 2009. The data has signifi cant implica-tions for personal care products, accord-ing to Mark Whalley, consumer analyst, Datamonitor.Private label purchases might initially be motivated by a desire to save money, but, once purchased, many consumers fi nd the quality of these products comparable to the more expensive branded equivalents. In fact, 66% of consumers in the global survey felt private label grooming prod-ucts are as least as good as well-known, market-leading brands—which could be of concern to national and global brand owners pushing quality credentials. Under these circumstances, these brands are going to have to work harder to dif-ferentiate their products if they want to win back consumers who have experi-mented with private labels during these tougher times. The growth across sectors is one of the most pervasive trends infl u-encing consumer package goods; trust in private labels is stronger and brand choice is greater than ever. Private label quality is equal to that of national brands, and they are delivering above consumer expectations. Private label can no longer be lumped as cheap substitutes. They range from basic, no-frills generics to premium, highly spe-cialized “destination brands.” With increas-ing eff orts being made to innovate and compete on quality and not just price, na-tional brand owners can no longer sit back and expect their brands to outperform private label products in their category. However, another Datamonitor consumer survey in May 2009 found fragrances and facial skin creams have a great amount of brand-consciousness among consum-ers than any other personal care item. Feminine care products and oral hygiene fare better than fragrance and haircare products.

(GCI Magazine, May 2011)

• Concern over personal appearance continues to fuel demand for beauty and personal care products in Poland. According to fi gures from the market researcher, Euromonitor International, the biggest growth witnessed in 2009 was among sales of color cosmetics, which increased 6.3% to $400mn in total, proving that demand for discretionary products remained high as consumers continued to be preoccupied with personal appearance and did not drastically cut spending. Concern over personal ap-pearance has led to a growing interest among Polish consumers in specialized beauty and personal care products that specifi cally target diff erent age groups, genders and skin types, according to Euromonitor. (Cosmeticsdesign-europe.com, May 12, 2011)

• According to a recent survey, carried out in the United States by L’Bel USA, women are more willing to sacrifi ce luxuries such as chocolate, coff ee or even sex for a week than give up their favorite beauty brand. L’Bel’s parent company Belcorp is the third largest skincare company in South America. The study found that more than 1300 women report that they are more likely to let airline security take a pair of shoes and jeans, than give up their favorite skincare or makeup items. In fact approximately three-quarters of the respondents said that they carry a makeup/skincare related prod-uct in their purse regularly with lipstick/lip gloss topping the list. Other items included lotion, fragrance, foundation/concealer and mascara. The study was commissioned to gain a better understanding of women’s attitudes on beauty and lifestyle, and the products that are important for women this spring. (Cosmeticsdesign.com, April 14, 2011)

• More optimistic consumers loosen purse strings. Fewer consumers are switching brands to catch a sale or trading down to private label options, hinting at glimmers of optimism in a marketplace still marked by high levels of caution and frugality, accord-ing to a new survey from SymphonyIRI (a market research fi rm). The number of con-sumers engaging in preplanning activities such as coupon clipping and list making, however, remain virtually unchanged and are a part of consumers’ grocery shopping rituals. These results point to conservative, yet cautiously optimistic, shopping strate-gies that characterize SymphonyIRI’s inaugural MarketPulse survey, which is an evolu-tion of its Competing in a Transforming Economy analysis series. More information can be obtained at www.SymphonyIRI.com. (Happi.com)

• Mintel Beauty Innovation has defi ned what it believes will be the key trend to shape the beauty industry in 2011: “Down to Earth.” This trend addresses the practicalities of making and marketing green beauty. Factors include managing price pressures because of varying supply and demand of natural and organic raw materials and learning to master the challenges of green chemistry. Almost 9% of new skincare, haircare and cosmetics made the organic claim (twice as many as in 2007); the all-nat-ural claim was found in fewer than 3% of launches in 2010. Nica Lewis, head consul-tant, Mintel Beauty Innovation, believes that beauty companies will place an increased importance on the environment, focusing on sustainable sourcing with attention to maintain biodiversity. Another factor will be a renewed emphasis on repackaging to minimize waste. New skincare products with environmental packaging were up 5% on the previous year, showing manufacturers’ commitment to recycling and eco-friendly materials—a trend Mintel expects to have real impact in 2011. (GCI Magazine, April 2011)

ICMAD Certifi cate of Free Sale Program Update

The ICMAD Certifi cate of Free Sale Program began in 1992 with a member request that the association investigate the possibility of providing export cer-tifi cates similar to those provided by the U.S. Food and Drug Administration. Unlike drugs and medical devices, the FDA is not required by law or regulation to provide these certifi cates for cos-metics and as a result, obtaining export certifi cates for cosmetics was often a lengthy process.

The FDA has recognized this situation and ICMAD is one of the organizations identifi ed by the agency on its website, www.fda.gov, as capable of providing Certifi cates of Free Sale.

The ICMAD Certifi cate of Free Sale iden-tifi es the member manufacturer and states that the company has certifi ed to ICMAD that the products named in the certifi cate comply with U.S. FDA GMP guidelines for cosmetics, with all per-tinent regulations and are sold freely within the U.S.

ICMAD currently has processes in place to obtain certifi cate approvals in 122 diff erent countries. In 2010 ICMAD pro-vided over 1,200.

Beginning July 1, 2011, the process-ing fee to obtain an authenticated certifi cate will be $150 per country (plus any incidental municipal or consulate fees).

For information and a new application form, please contact:

Alicia Carpenter ICMAD

1220 W. Northwest Highway Palatine, IL 60067

1-800-334-2623Please allow a minimum of

4-8 weeksCertifi cates that require Dept. of State notarization will take at least 8 weeks.

A new application form is now available on the ICMAD website, www.icmad.org/membership/certifi cates.asp.

CIS Announces Enhanced EPLI Coverage for ICMAD Membersby Ken Hegel Jr., V.P., CIS, a division of Frenkel & Co., Inc.

CIS has partnered with Monitor Liability Managers, LLC to provide member companies with an Employment Practices Liability Policy with signifi cant coverage enhancements at an aff ordable price.

Despite the rise in claims activity and jury awards in recent years, many organizations still fail to purchase Employment Practices Liability Insurance. Unfortunately, the majority of the companies who suff er these uncovered claims are the very ones who cannot aff ord the debilitating fi nancial devastation that can result from even a single employ-ment practices liability lawsuit.

Private businesses with 100 or less employees are the most often sued for fed-eral discrimination claims. The average cost of an EEOC Lawsuit in 2008 exceeded $280,000. Going without EPL Coverage can be a costly decision for both you and your company.

We are extremely excited for the opportunity to be able to off er such an important coverage with specialized enhancements for this diverse industry group. Below is an example of some of the coverages/endorsements created specifi cally for CIS/ICMAD customers:

• CIS Program Enhancement Endorsement broadens the policy form to include coverage for third-party liability claims; unlimited access to a toll free employment practices liability helpline that provides expert EPL advice; provides $100,000 costs of defense for claims alleging violations of the Fair Labor Standards Act; etc.

• Social Media Endorsement broadens the coverage off ered within the policy to include coverage for claims arising from social media such as Facebook, YouTube, MySpace, LinkedIn, Twitter, etc.

• ICMAD Endorsement off ers ICMAD members a discount on their annual insur-ance renewal premium.

The risk for your business is both real and signifi cant. So is the protection that you have available to you through this new and exciting program. We encourage you to take ad-vantage of what this program has to off er you.

For more information please contact Ken Hegel, Vice President, Cosmetic Insurance Services (201) 356-0057 or khegel@frenkel.com and mention that you are a member of ICMAD.

EU Guide from ICMADThe second edition of A Guide to European Cosmetic Regulations is written by ICMAD Board Member and International Committee Chair David C. Steinberg. It is an essential guide for cosmetic manufacturers and distributors to the many regulations governing cosmetics in the European Union (EU). It is intended to assist U.S. companies in under-standing and complying with these regulations. This Guide contains a sample Product Information Package to assist companies in compiling their dossiers to comply with EU regulations.

The ICMAD Member price is $95.00 per copy and $195.00 per copy for nonmembers. It is available on the ICMAD website, www.icmad.org, or call the ICMAD offi ce at 800-334-2623 to order your copy.

June 2011 13

Employment

Opportunity AvailableProfaces Cosmetic Manufacturing, Inc. is a handful of passionate people, with a very clear focus, a creative, service-driven cosmetic manufacturer. Lip gloss, lipstick and lip treatments. Eyeliner, eye shadow and eye cream. Concealer, corrector and camoufl age. Work with us to develop one uniquely yours or choose from our stock formulas. We have a library of formulas and we’re always on the hunt for some-thing new. We’ve made the investment in micronization so you can “wow” your customers with the softest, most beauti-ful powders in the world. We’ve installed vacuum kettles to make your mascara and foundation heavenly. Our hot pour department has the capacity to perform miracles. We’ve done everything we can to ensure you get a perfect product; on time, every time. Contact David Stahl at profaces@profaces.com or 856-751-7551.

Worldwide leader in the design, marketing and distribution of rain products, gloves and headwear, and casual footwear seeks national distributor for the beauty indus-try for leading consumer brands. Please email lvitale@totes.com.

Position WantedRegulatory Aff airs Manager, full-time, minimum fi ve years Cosmetic and Pharmaceutical regulatory experience in developing/administering cGMP, GLP and internal audit protocols (foreign trade reg-istration exp. helpful). New York, Western Suff olk location. Send Resume to: re-spond.direct@gmail.com.

Resources

Hair Care Formulation for All Hair Types is a practical handbook for hair product for-

mulators with a focus on ethnic and multi-cultural hair types. Pulling from Cosmetics & Toiletries magazine’s most in-depth and timely articles of the last fi ve years, and written by world-renowned experts, Hair Care Formulation for All Hair Types fea-tures 30 papers investigating topics areas including biology, ingredients, products and testing. Focusing specifi cally on eth-nic hair, this book begins with the biology and key physiological aspects important for formulators, provides author reviews, a variety of articles, and discussions on testing hair products; covering everything you need to know. You can order the book at www.AlluredBooks.com.

Trade Shows

International Beauty Show, June 18– 20, Las Vegas—This tradeshow is for members of the professional beauty industry. IBS is packed with educa-tion and opportunities with more than 150 classes, 300 exhibitors, nail com-petitions and barber cutting compe-titions. Information on registration is located at www.ibslasvegas.com

HBA Global Expo, June 28–30, New York—Whether you are looking to add new products to an existing line or launch your own beauty company, HBA Global Expo provides attendees with resources, techniques and skills that will assist you in your day-to-day job. The show off ers a new product zone, a trend spot theater, case histories and industry panels. You can reg-ister for this event at www.hbaexpo.com

Cosmoprof North America, July 31–Aug. 2, Las Vegas—the mission of this show is to facilitate one-on-one introductions between manufactur-ers and distributors. There are four pa-vilions and hundreds of resources in one venue. There is an international

fl air and wide range of products show-cased. For registration information, con-tact www.cosmoprofnorthamerica.com.

JOB MARTICMAD Members may send in notices of openings. Replies will be forwarded to you or you may be contacted directly.

Address your reply to ICMAD, c/o Job Mart, 1220 W. Northwest Highway, Palatine, IL 60067. Job seekers in the cosmetic industry are invited to submit their notice of availability (in 50 words or less) which will also be printed in this section. If requested, complete confi dentiality will be maintained at all times.

ICMAD Members: your reply to job seekers will be forwarded unopened from our offi ce.

Visit our website atbeautystorebusiness.com

or call 800.624.4196

SSuubbssccrriibbee NNooww!!

14 June 2011

Digest Advertising & Information Services

June 2011 15

Digest Advertising & Information Services

Shipping Program

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16 June 2011

Digest Advertising & Information Services

June 2011 17

Digest Advertising & Information Services

PROMOTE

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4-COLOR AD HERE

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18 June 2011

Digest Advertising & Information Services

Ross Organic Specialty Sales• www.rossorg.com

Beginnings

W illiam C. Ross started Ross Organic Specia l ty Sa les in 1987 aft er a long ca-reer in technica l sa les in the personal care and detergent industry . Ross

Organic i s a company that markets , se l l s and distr ibutes specia l ty ingredients to the personal care industry in the Western United States. Wi l l iam started the company because he saw a need to have a technica l ly based ingredient agency/distr ibutor that operated in the western region.

Ross Organ ic serv ices a var iety o f manufacturers , f rom larger multi nati ona l companies to smal l , n iche brands. In fact , i ts ingredients are located in a large major i ty of the cosmeti c and personal care products that are sold today. To de-velop new products , Wi l l iam travels extens ively to fi nd new, raw mater ia ls and technologies . There have been many ti mes when Ross Organic has introduced a new product on the West coast before another part of the country has even been exposed to the product .

To get the message out on i ts products , Ross Organic recent ly launched i ts re-des igned, content-dr iven website at www.rossorg.com, publ ishes a quarter ly newslett er that i s fu l l co lor and g lossy, and ad-verti ses in t rade journals . Wi l l iam bel ieves the website and newslett er are the most successful means to getti ng new customers.

Future

T he company conti nues to show growth, most recent ly by expanding coverage in Texas. When the company began, Ross Organics started with one employee,

and has grown to 20 employees. In the last 24 years , i t increased i ts product l ine from 100 to more than 1000 products .

Wil l iam also started a second brand, BioOrganic Concepts (www.bioorg.com) 13 years ago. He hopes to expand and grow the Ross Organic business and BioOrganic l ine with new products . “When the industry suff ered in the economic cr is is , we took the opportunity to ‘ r ight s ize’ our bus iness and streaml ine operati ons. In many ways, the cr is is has made us a bett er company,” says Wi l l iam.

As an ICMAD member, Wi l l iam says the company is able to connect with other manufacturers and distr ibutors through multi p le networking and educati onal events during the year. Additi onal ly, ICMAD is a rel iable source of industry news.

The ingredients Ross Organic se l ls are progress ive and sophisti cated…and so is the company. “We sel l h igh-tech, cutti ng-edge ingredients . As a company we str ive to embody these qual iti es . Our company is successful because of a win-ning combinati on of excepti onal employees and truly innovati ve products ,” says Wi l l iam.

Member Spotlight

Would you like your company featured here? Just let us know. Fax your request to 847-991-8161 or write us at: ICMAD, 1220 West Northwest Highway, Palatine, IL 60067.

Selection for the ICMAD Spotlight does not serve as any form of certifi cation or confi rmation that the above mentioned product or service is in compliance with applicable laws or regulations, nor does it constitute an endorsement of the com-pany or its products.

June 2011 19

ICMAD represents, educates and fosters the growth and profi tability of entrepreneurial companies in the cosmetic and personal care industries worldwide.

Independent Cosmetic Manufacturers and Distributors, Inc.1220 West Northwest HighwayPalatine, IL 60067-1803847-991-4499 • 800-334-2623847-991-8161 (fax)www.icmad.org • info@icmad.org

INVITES ALL MEMBERS TO ADVERTISE WITH US!• 3-1/4” X 2” CREDIT CARD SIZED BLACK AND WHITE AD COSTS $600, 4-COLOR COSTS $800• WILL RUN IN 10 DIGESTS (ONE FULL YEAR)• FOR AN ADDITIONAL $150 YOUR AD WILL RUN ON ICMAD’S WEBSITE• CONTACT THE ICMAD OFFICE AT 1-800-334-2623 OR • INFO@ICMAD.ORG FOR MORE INFORMATION

Rates for black and white credit card sized ads are $600, 4-color ads are $800, payable annually. Nonmembers will be allowed to reach our members by paying $1200 for black and white, $1600 for 4-color. If you do advertise in our newsletter, for an additional $150 your classifi ed ad can be posted on ICMAD’s website. Nonmembers would pay $300. If you have any questions, please call Sheila at 1-800-334-2623.

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