Nail Manufacturer Council

An Update on Recent Activity

Below is a summary of recent accomplishments by the Nail Manufacturers Council (NMC) Safety and Standards Committee. Co-chaired by Doug Schoon, Creative Nail Design (CND), and Eric Schwartz, OPI Products (OPI), the council receives assistance from Debbie Waite (CND), Paul Bryson and Sunil Sirdesai (OPI), Vicki Peters (Kupa), Nancy King (Nailpro), Geoff Geils (Flowery Beauty Products) and Cyndy Drummey (Nails Magazine).

• Published brochures regarding industry health and safety concerns. Most are being translated into Vietnamese, Korean and Spanish. NMC partnered with International Nail Technicians Association (INTA) and Australian Professional Nail Association (APNA), and is seeking collaborators in other countries, to distribute the brochures. More brochures are in progress. Additionally, NMC worked with the EPA to update its nail salon health and safety practices brochure, published last month and now available at the EPA's website.

• Formed a working group to explore increasing visibility and raising industry standards. Formal presentations will be made at trade shows in coming months to support this effort.

• Worked with a coalition and the California Air Resources Board (CARB) regarding the regulation of VOCs (volatile organic compounds, e.g., solvents) in nail products as part of CARB's larger effort to regulate consumer products. In response to coalition concerns, CARB's proposal was amended, and the process continues.

• Working with regulators to demonstrate no Prop. 65 warnings are required, a significant and expensive effort, regarding California's listing of DBP, a nail products plasticizer, on the Prop. 65 list in December 2005, for which warning requirements became effective December 2006.

• Coordinating with named salon brands and with the Cosmetic, Toiletry, and Fragrance Association (CTFA) named member retail companies to develop potential litigation strategies. relating to the Prop. 65 60-day notices that were served and could result in litigation.

• Responded to media inquiries regarding product ingredients and the safety of salons, salon products and workers, including "The Today Show," which aired a reassuring piece dispelling many myths. A well-done piece also appeared in Oprah's O Magazine in March 2007.

• Is working alone, and with the CTFA, on state legislative initiatives targeting cosmetic products and salons.

• Reviewed several product safety assessments for CTFA's upcoming consumer cosmetic safety website.

• Worked with Canadian authorities to defer regulation of cyanoacrylate adhesives regarding child-proof packaging.

• Responded to concerns from German authorities regarding the safety of acrylic nail products. Coordinated with, and assisted, the German cosmetics trade association in filling data gaps.

• Filed comments with European Union (EU) scientific bodies seeking safe-use determinations on DBP and toluene in nail polish products. Both efforts were successful and culminated in publication of "safe as used" findings. Also filed comments with EU authorities regarding formaldehyde safety, urging that no adverse regulatory action be taken.

• Participated with CTFA and assisted in comment preparation regarding the EU proposed simplification initiatives designed to stream-line its cosmetic regulatory scheme.

The foregoing required various experts (science, regulatory and legal). Costs to date are substantial and were shared between OPI and CND.