Hearing of the House Health Subcommittee of the Energy and Commerce Committee - Examining Microbeads in Cosmetic Products

Hearing

Thank you, Mr. Chairman, for holding this morning's hearing examining microbeads in
cosmetic products. The hearing also gives us an opportunity to discuss legislation that I have
introduced with Chairman Upton, the "Microbead-Free Waters Act of 2015." I would like to
welcome our witnesses and thank them for sharing their knowledge with the committee today,
particularly New Jersey State Senator Linda Greenstein. Senator Greenstein is a leader in New
Jersey who worked hard to pass a state law banning the manufacture and sale of cosmetic
products containing plastic microbeads.

Cosmetic products, like face and body washes, contain tiny plastic particles -- or
microbeads -- that are used as exfoliants. While these plastic particles are not harmful to the user
of the product, studies have shown that microbeads can easily escape the screens in wastewater
treatment plants and enter our nation's lakes, rivers, and oceans. A study by the 5 Gyres
Institute, an organization dedicated to research and advocacy on the issue of plastic pollution,
found high concentrations of plastic microbeads in samples pulled from Lake Erie. In some
cases, they found that plastic microbeads numbered more than 450,000 per square
kilometer. This plastic does not belong in our nation's waters, and certainly not in such extreme
amounts.

This high concentration of plastic microbeads in our country's lakes and other bodies of
water is cause for concern for a number of reasons. Particles this small often float on the surface
of the water and can attract other pollutants that collect on the water's surface. If consumed by
fish and other organisms, these chemicals accumulated on the surface and inherent in the plastic
itself can then travel up the food chain, potentially being transferred to humans who consume
these fish, bivalves, and crustaceans.

I have serious concerns about fish and other aquatic life potentially ingesting these plastic
particles and the effect this could have on humans who consume these fish. While many of us
strive to eat local seafood caught by fishermen in our communities, we often eat seafood from
other areas of the country. So until a national standard is set, we cannot be certain these particles
are kept out of our nation's waters and are not being accidentally consumed by fish harvested
from other regions of the country.

Further, there have been anecdotal reports by dentists and dental hygienists of plastic
microbeads from toothpaste being found lodged in a patient's gum line, which could trap
bacteria and lead to gingivitis. While no clinical study has demonstrated negative oral health
effects, I remain concerned about the potential risks.

Last month, Chairman Upton and I introduced the "Microbead-Free Waters Act of 2015,"
legislation that requires FDA to prohibit the sale or distribution of cosmetics containing synthetic
plastic microbeads beginning January 1, 2018. I would like to thank Chairman Upton for joining
me in this effort and I look forward to working with him to move this bill to markup. Our
legislation builds on efforts already moving forward in many states, including a law banning
plastic microbeads in my home state of New Jersey.

The legislation, as it is currently drafted, allows FDA to define a synthetic plastic
microbead. The bill also does not currently address over the counter (OTC) drug products
containing microbeads, of which toothpaste and acne creams are the most common examples. I
remain open to including these products in the legislation. However, I also understand that there
are concerns because FDA requires an 18 month stabilization period for reformulated OTC
products, so it may be difficult to replace microbeads from these products on the same
timeline. I hope to hear more about this potential challenge from our witnesses today.

I commend companies, such as Proctor & Gamble and Johnson & Johnson, who have
already begun proactively phasing out the use of plastic microbeads in their products. But I
believe we must set a federal standard that requires all companies selling cosmetics and personal
care products to remove plastic microbeads from these goods. That is why I introduced the
"Microbead-Free Waters Act" -- to provide certainty at the federal level that these polluting
plastics will finally be removed from our face scrubs, soaps and other personal care products.
Mr. Chairman, I would like to once again thank you for holding this morning's hearing
on this important issue. We've been able to come together on an issue to advance a
commonsense solution that benefits our constituents and the environment. Thank you.

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