Document zoQjL87oyxvjNQ5D6LY3znQE0

/ ... .,. " To: From: Date: Mr. G. Mennen Mr. D. Home Mr. L. Wallace H. Schwartz January 18, 1973 At a recent meeting of the Food, Drug Administration - CTFA Scientific Liaison Group some interesting and important decisions were announced by Dr. R. Schafner, Chief, Division of Product Safety, Bureau of Foods. 1. Plant Inspections Dr. Schafner asked for cooperation with regard to the inspection of Past Quality Control records. This has generally been achieved upon inspection of Food Plants and would like to see the same in Cosmetic Plants. I 2. Voluntary Regulations - a) Registration, b) Formula Disclosure, c) Product Experience reporting. The voluntary program is under attack by various consumer groups stating that it is totally ineffective. Professor Page (Georgetown University) and Dr. R. Sikes (Nader's "Watchdog" on Cosmetics) have accused the industry of poor cooperation and have called for legislation. Sikes is working with Senators Magnuson and Moss and appears to be making a lot of headway. We at The Mennen Company were praised for our formula disclosures. (We sent in 12 for our first go around to test the system.) 3. Labeling A proposed order is to be published in the Federal Register within the month. It will provide for mandatory labeling of of all cosmetics. Two versions are being considered: a) Professor Page's petition, b) An FDA version essentially the same as Senator Eagleton's. The latter is the preferred version. PLAINTIFF'S EXHIBIT CTFA 5126 Regarding "trade secret" disclosure , all decisions in th is matter will be made in the office of the Assistant Commissioner for Regulatory Affairs, S. Fine. It will be extremely difficult to achieve trade secret exemptions. FDA is hopeful that we will exhibitsticker.com QE-CPC00004737 0 0... - 2 - be permitted to list "perfume, color and flavor" as is. At the moment no firm decision has been made with regard to this timing - this will be in the final order - probabilities are that it will allow 18-24 months after final publication I If the Page proposal is accepted all the above may go out the window. 4. Talc FDA is unsure of its course of action with regard to publishing the findings of its asbestos survey. Some doubt has been cast on the technique employed by FDA' s consultant. As far as we know Mennen's products - Baby Talc and Men's Shave Talc were free of asbestos when tested by the same consultant. We are pressing for no company names, but rather coded samples, if published. In a separate discussion with Mr. J. Wenninger, Acting Head, Department of Cosmetics, I was able to gather the following: FDA is reluctant to take any legal action in any problems with ,dustry. They have neither the money nor manpower to pursue matters so that they will have airtight cases in scientific matters. They are hopeful that all matters can be solved in informal conference between scientists of industry and FDA - this is similar to what was done in our matter of Protein 21 Shampoo. One glaring weakness in this is the possibility of non-cooperation. One such case exists now with a company manufacturing a bubble bath. They have not changed their formula even though the FDA position was very clear - all other companies involved have changed. FDA is concerned that this matter might upset the entire voluntary program. / HS:KAY H. Schwartz QE-CPC00004738