The Slow Political Destruction Of The Beauty Industry By The Greedy!

California Licensed Estheticians & Consumers OPPOSE SB 296

We, your California Licensed Estheticians, Cosmetologists and California consumers, collectively OPPOSE SB 296, allowing nail techs to perform waxing services on their clients.  We do not oppose pursuing Continuing Education and we welcome anyone to join us by obtaining their license as an esthetician. We hold great concern for California consumers, our clients, and risks to public health that the passing of SB 296 will exacerbate.  The temptation of a quickie brow or other waxing service at the nail shop has caused traumatic injury to the consumers of California way too often. Consumers do not know that it is currently illegal for their nail tech to provide these services.

With the passing of this bill 130,000 licensed nail techs and those licensed while the bill is enacted and put into effect, potentially will be allowed to provide these services legally; without proper training and specific understanding of “how skin works”.In your Strategic Plan, you state that the “DCA protects and serves consumers in many ways, including…. Supporting and advocating for consumer interests BEFORE lawmakers. DCA staff review and analyze proposed legislation and regulations to ensure that consumers are protected.” 

The passing of this bill will only serve to VALIDATE THE ILLEGAL ACTIVITY and injury caused to consumers that 21 overwhelmed BBC inspectors have failed to “catch in the act” thus far. With respect and as your stakeholders AND consumers, we ask that you OPPOSE SB 296 for the greater good of California consumers and California licensees that work diligently to protect them.  

Who we are:
From California Aesthetic Alliance and California Estheticians • Esthetician Advocacy. We are grassroots California Licensed Estheticians and Cosmetologists, licensed by the Board of Barbering and Cosmetology as part of the California Department of Consumer Affairs.

Wendy A. Jacobs
California Licensed Esthetician
Founder, California Aesthetic Alliance

SIGN THE PETITION PLEASE.

THE SMARTPHONE OF HAIRCOLOR IS HERE….COURTESY OF B’ORÉAL OF PARIS.

THE REAL HAIR TRUTH.COM

I often wonder why salon owners and booth renters will buy from B’Oreal, WHY? But as soon as I think about it hairdressers are not left brain and right brained at the same time. Business is not taught in beauty schools. And if there is a business class in the hair shows it is to dump on one brand and try to sell you there’s.

So who do you want to partner with, the company that teaches consumers that they can do your job & discredits you or the ones that support the professional hairdresser? And the professional(?) Hairdresser will buy from companies such as Boreal, Paul Mitchell, Redken, TIGI, etc. knowing they do not have a EXCLUSIVE with the company. Because they are in competition with the manufacturer. The manufacturer will make a cosmetic line for the consumer and also for the professional(?). Trust me in other professions a true professional would not do this stupid mistake.
THE SMARTPHONE OF HAIRCOLOR IS HERE….COURTESY OF B’ORÉAL of PARIS.
L’Oreal Paris Mousse Absolue
At-home hair dye always seems like a fine idea until you find yourself trying to mix several different foul-smelling chemicals in the right ratio while unfolding a manual the size of a roadmap for planet Earth. But, though it may be less than ideal, for many women, an expensive hours-long trip to the salon isn’t an option anymore.
It’s something that’s been in the works for over a decade, according to Luc Maelstaf, packaging designer for B’Oreal of Paris. “Everybody always dreams of a product where you push a button and a machine does the work for you,” he says. “This device does just that: It makes the hair color mix without the consumer even noticing that it’s happening.”

Maelstaf says that B’Oreal of Paris used Japanese technology to develop the packaging of the product, which is what makes the automatic, reusable qualities possible. Two separate aerosol cans are held together in a sleek plastic sleeve. One can contains the colorant; the other, the oxidant. “The reaction to create hair color only happens when you have a mix of those two things,” says Sophie Bodelin, the head of hair color labs for the France headquarters of B’Oréal of Paris. “But now you don’t have to mix it yourself. The mix is complete as soon as the product comes out of the bottle.”

But in my industry they will buy the products from Boreal and use them in there salon. And what you have to listen to now is when the customer asks you what are you using on there hair. They will ask you. And then go home and find it on the internet. Thank you internet you gave the manufacturers a ndew3 way to sell there products. And that goes like wise for the entrepreneur. A entrepreneur will have a lot of hard times in the beauty industry. Manufacturing a beauty product is not easy and it takes money from start to finish to packing. What’s left for the beauty industry entrepreneur. The internet. Cosmetics company’s have never dreamed there sales would sky rocket like they have since the birth of the internet.
So for the Entrepreneur. 
 IT’S SIMPLE AND THEY HAVE SEEN THE MAJOR MANUFACTURERS DO IT SO THEY ARE ALREADY SCHOOLED on the vast uses of the internet. And also IN THE KNOWLEDGE OF NO VALUE AND NO EXCLUSIVE FOR THERE FELLOWS IN THE INDUSTRY. That would be too much to ask for especially in day and age when EX-Monsanto employee’s run the FDA.  Why go door to door anymore to sell your product. Don’t put a face on it, don’t take any responsibility for it. When you can just plant your packaged (Soap) on the internet. And dear Lord don’t get to know your customers, because they will soon find out your product is just a private label just like the many entrepreneurs have in the beauty industry. I have a gentleman in my next film “The Beautiful Lies” who sells hair color. Since I have used his hair color I get nothing but calls from the company wanting to tell me of there newest and latest and greatest product. That I should try and mind you buy also. They never heard of having samples to give to there good clients. And if a company in my so called professional beauty industry wants to tell you the horrors of a major manufacturer it is for there goodness. They just want you to buy there shit.
LOSERS!

 

False Advertising L’Oréal Settlement Notice!

The Beautiful LieS
The Beautiful LieS

The reason for this lawsuit for false advertising. This is for certain of the L’Oreal products such as the Matrix, Kerastase, Redkin and also Pureologiy. Apparently there was some misleading words in the ads for these products. The original lawsuit is known as the Richardson v. L’Oreal USA Inc. The misleading information was that these products could only be obtained at salons. They were also available in other stores besides the salons. You can get some kind of compensation if you bought the products in the United States and you live in the United States. This purchase should be for your personal use at home and you should have bought the products after August 30, 2008. If this applies to you, you can find out more about this case at the http://www.LOrealSettlement.com site. Right now this is just a basic site with just very little information. In fact the only information you can get right now are the documents.

The documents that you can download include the complaint, the notice, summary notice and the agreement. You will be able to download the documents and view them. I would suggest that you download and view the notice if you have not seen one. This is what will give you the most information. Look at the full notice first. You will find a list of legal actions that you can take and what each legal action means. You should definitely figure out what legal action you should be taking. I would suggest that you decide what you want to do in the case. Go to the http://www.LOrealSettlement.com site and look at your options.

Due to the L’Oréal Hair Product Class Action Lawsuit Settlement, the company will remove certain language about the products. The information that will be removed will be the information on where the products are sold and distributed. The L’Oréal Hair Product Class Action Lawsuit Settlement has not been approved yet. When and if it is approved, your being in the class will mean that you will release the company from all claims and you will not be able to file a new suit against the company on the same issues that this case resolves. Usually, the only way that you can sue them for the same issues is if you decide to remove yourself from this case. When you do that, you will not get any payments and you will not be able to object either. However, in this case, you will not be able to exclude yourself. So your only option is to receive the benefits.

You can object if you want. You will have to submit a form before September 11, 2013. You will have to file this to both the court and also the class counsel. You also must submit your objection to the company’s counsel. You can get all their information in the full notice. There are a number of things that you will have to include in your request. This includes the title of the lawsuit. Then you must include your full name, your complete address and also your phone number. Then you will have to list all the reason for why you are objecting to the case. You must also include the names of any lawyers whom you have hired to represent you. You do not have to hire lawyers of course if you do not want to. Also, if you want to hire lawyers to represent you during the Fairness Hearing, then you must provide those names too. Again, you do not have to hire any lawyers to represent you at the Fairness Hearing. You can also call people to testify at the Fairness Hearing. If you are going to do this, you must provide their names in your request to object.

The legal counsel who will represent you will be paid a large amount of money. This amount will not exceed $950,000. The class representative are the plaintiffs. They will get $1000 each. They will get more than you because they were the ones that filed the original lawsuit that ended up in this settlement. This means that because of their original efforts, you are benefitting by getting some payment. The Fairness Hearing will be held on October 11, 2013. This will happen at 9 a.m. in Washington D.C.

L’Oréal Settlement Notice

Overview
A proposed Settlement has been reached in a class action lawsuit titled Richardson et al. v. L’Oréal USA, Inc., 13-CV-508 (D.D.C.), involving L’Oréal USA, Inc.’s (“L’Oréal”) marketing of shampoo, conditioner and styling products under the Matrix®, Kérastase®, Redken®, and Pureology® brand names (“L’Oréal Products”).

The plaintiffs in the lawsuit allege that the L’Oréal Products were falsely and misleadingly marketed using a claim which may be read as suggesting availability for purchase exclusively in professional salons when consumers can purchase these products in major retail outlets where professional salon services are not available.

L’Oréal denies any wrongdoing and liability whatsoever.  L’Oréal contends that the L’Oréal Products are manufactured and marketed with the intent that they be sold exclusively through professional salons and other authorized channels. 

The parties have agreed to settle the lawsuit to avoid the costs and uncertainty of continued litigation.

L’Oréal Brands Covered by the Settlement 
Matrix®, Kérastase®, Redken®, and Pureology®.

The Settlement Class
If you live in the United States and have purchased a Matrix®, Kérastase®, Redken®, and Pureology® product for in-home use on or after August 30, 2008, you are a member of this Settlement Class and this Notice applies to you.   

For more information about the Settlement, please see the documents below.
            To view the Complaint, please click here.
            To view the Full Class Action Settlement Notice, please click here.
To view the Summary Class Notice, please click here.
            To view the Settlement Agreement, please click here.

Real Hair Truth L’Oreal to Shelve ‘Salon Only’ Tag for Products!

WASHINGTON (CN) – L’Oreal can settle false advertising claims over supposedly salon-only products that are sold in stores by changing its labels, a federal judge ruled.
Alexis Richardson had led a class against the cosmetics company on behalf of consumers who purchased L’Oreal’s Matrix Biolage, Redken, Kerastase and Pureology products after August 30, 2008.
The April 2013 complaint alleged that L’Oreal deceptively labeled the products as “available only in salons” while nevertheless stocking them in Target, Kmart and other non-salon retail establishments.
“Plaintiffs allege that the salon-only label implies a superior quality product and builds a cachet that allows L’Oréal to demand a premium price,” according to the settlement-approval ruling filed Thursday.
The plaintiffs had filed the suit in Washington, D.C., after resolving related claims from an earlier action in the Northern District of California.
“In the course of those negotiations, L’Oréal provided plaintiffs with extensive documents and information relating to its anti-diversion and labeling practices,” U.S. District Judge John Bates wrote.
“But plaintiffs allege that, despite L’Orèal’s efforts, the products are available in non-salon establishments, and argue that L’Orèal’s labeling and advertising for these products is hence deceptive and misleading.”
As part of the settlement, class representatives can petition for no more than $1,000 each, and L’Oréal will pay up to $950,000 in attorney fees, costs and expenses. The settlement otherwise provides only injunctive relief.
In his approval order, Bates explained the class’s reasons for not trying to certify a damages class.
“First, assessing the value of the salon-only claims to consumers would be difficult, and L’Oréal has never attempted to do so,” the ruling states. “Second, assessing damages on a class-wide basis would be even more difficult – the information provided during the negotiation process revealed substantial price variations among retailers and in different regions, and indicated that non-salon retailers often sell the products at a lower price than do salon retailers, making damages to those purchasing the product in non-salon establishments difficult to analyze.”
Bates said he would defer to counsel’s assessment.
“And class members will retain their right to seek damages in individual actions, dispelling many concerns about foregone payments,” he added. “In these circumstances, an equitable-relief-only settlement may be approved.”
If the settlement wins final approval, L’Oreal will remove the “salon only” label from all of its U.S. advertising and labeling on products distributed in the states.
It will also discontinue manufacturing the labels for its U.S. products, and it will remove the “salon-only” claims from its websites and from any promotion materials.
Both parties have agreed to publish legal notices in USA Today for one week, referring class members to a website that contains a copy of the proposed agreement. Any objections to the settlement must be filed before the Fairness Hearing on October 11, 2013, when the final settlement will be approved.  It seems L’Oreal will get off easy for all the damages they have done to the so-called professional beauty industry.  Their anti- diversion rhetoric is a bunch of bullshit. And always has been.  Too late, Too little the damage has already been done!

Loreal buys up – Emiliani Enterprises and Urban Decay Real Hair Truth!

 

French cosmetics giant L’Oreal S.A. (OR.FR)  reached an agreement to buy U.S.-based Emiliani Enterprises, a professional distribution business, for an undisclosed amount. Emiliani Enterprises established in the metropolitan New York area, New Jersey and Connecticut,  supplies hair salons through a network of representatives and sales outlets open only to professionals. Which wont last to long since L’Oreal acquired the company, L’Oreal USA will extend its distribution in the U.S., which now covers 48 states in the U.S. out of 50. And as for Urban Decay, created in 1996 by make-up expert Wende Zomnir, has built a reputation based on the concept of beauty with an edge and values of femininity and irreverence. The line has star products in the eye category such as the Naked Palette and recently successfully launched its new foundation, the Naked Skin weightless liquid make-up. Urban Decay is popular among the youthful highly-involved cutting-edge consumers who are attracted by the fashion-forward image of the brand. The market for make-up specialist brands represents 44% of the luxury make-up market in the US. In the fiscal year ended in June 2012, Urban Decay recorded net sales of 130 million US dollars. Urban Decay is distributed in the key assisted self-service channel which includes among others Ulta and Sephora. Which does not tell you much since everything and anything can be purchased in Ulta.

L’Oréal USA, headquartered in New York City, with 2011 sales of over $5.1 billion and 9,800 employees, is a wholly-owned subsidiary of L’Oréal SA, the world’s leading beauty company. In addition to corporate headquarters in New York, L’Oréal USA has Research and Innovation, Manufacturing and Distribution facilities across seven states, including New Jersey, Kentucky, Arkansas, Illinois, Ohio, Texas and Washington.  L’Oréal’s impressive portfolio of brands includes Lancôme, Giorgio Armani Beauty, Yves Saint Laurent Beauté, Viktor & Rolf, Diesel, Cacharel, Clarisonic, L’Oréal Paris, Garnier, Vichy, La Roche-Posay, L’Oréal Professionnel, Kérastase and Shu Uemura Art of Hair, Maybelline New York, Soft-Sheen.Carson, Kiehl’s Since 1851, Ralph Lauren Fragrances, essie Cosmetics, Redken 5th Avenue NYC, Matrix, Mizani, Pureology, SkinCeuticals and Dermablend. Basically your typical drug store shit. I will guarantee you more and more so called professional haircare products will show up on the commercial sectore of the consumer market.

The Real Hair Truth:Solving the Problem of Mislabeled Organic Personal Care Products

Every professional should know about the diction and definitions of organic products within our industry. The language of ingredients can be very vague at times and also very confusing. At no time would I personally take the information from a manufacturer and believe it. Go outside of your industry to chemists or your local state college to get the proper information on the ingredients listed in your salon products. If an individual sends you products without proper labeling and is just wrapped in tissue, BEWARE! How do you know if the product is “SAFE”. There are a lot of “MOM&POP” businesses who will start-up in their own homes and will visit a MICHAEL arts and craft store to purchase wax, scents, soaps and “WELLAH”, you have a supposedly ORGANIC PRODUCT”. Beware what you buy in the Beauty Industry and have it tested. You can go to your state college and the college will test the products you received for little to nothing. You can also hire a chemist and have a ingrediant  test done on the products. Below this is the official information from the USDA on Labeling of Organic Hair Care. You should know this take the time to educate yourself of the information the USDA offers us in the Beauty Industry. Look for the USDA organic seal on shampoos that claim to be organic. Although there are multiple “organic” and “natural” standards, each with its own varying criteria, the USDA Organic Standards are the “gold standard “for personal care products”.

The Certification, Accreditation, and Compliance Committee (CACC) recommends that organic personal care products be recognized explicitly by the National Organic Program (NOP) to ensure consumers and businesses alike that the products have an unquestioned home in the USDA National Organic Program.

Background: The policy statement of the USDA on August 23, 2005 extended the USDA regulations to cover the organic claims made by personal care products which meet the composition requirements for organic food. With this recognition has come the full force of certification and enforcement. While this is an improvement over what previously existed, an ever-increasing stream of personal care products making organic claims continues to flow in to the market place. In an April 2008 news bulletin, the NOP further explained USDA organic certification of cosmetics, body care products, and personal care products. Most recently, in July 2009, the NOP published a “DRAFT FOR COMMENT ONLY: Certification and Labeling of Soap Products Made From Agricultural Ingredients.” The Appendix contains these 3 NOP statements. None of these statements were developed through the Federal Rulemaking process, neither is it certain how durable these various statements will be at NOP.

Cosmetics, Body Care Products, and Personal Care Products

The Problem of Mislabeled Personal Care Products

The USDA is responsible for product organic claims but is not currently enforcing this in the area of personal care products. Consumers are not assured that organic claims are consistently reviewed and applied to the class of products known as personal care products. For instance, at a given retailer, one may find personal care products such as shampoos and lotions labeled as “organic” with no clear standards or regulatory underpinning for the organic claim–and unless the product is specifically labeled as “USDA Organic,” the word “organic” may be used with impunity. Manufacturers of personal care products that contain organic ingredients are hindered by a thicket of competing private standards and confusion regarding the applicability of the NOP to their products. Transactions lack the regulatory clarity that applies under the NOP to food products that contain organic ingredients.

Given the pace of development of this marketplace, and the important but uneven development of private standards, the NOP should take the necessary initial steps to bring this product class into a coordinated existence with organic food products under the regulation.

This recommendation takes the initial steps toward:

3) assuring consumers that the federal government is policing organic claims on personal care products

4) allowing for the development of a complete federal organic personal care product program

Recommendation

To facilitate the development of a single national standard for this product class, and to ensure consumers that organic personal care products meet a consistent standard, the CACC recommends that the following amendments be made to 7 CFR Part 205. Underlined text is to be added to the current rule.

1. §205.102. Add Definition of Personal Care Products:

(1) An article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance

2. §205.100(a) Add words “including personal care products”

Except for operations exempt or excluded in § 205.101, each production or handling operation or specified portion of a production or handling operation that produces or handles crops, livestock, livestock products, or other agricultural products including personal care

products that are intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must be certified according to the provisions of subpart E of this part and must meet all other applicable requirements of this part.

3. §205.102 Use of the term “organic.”

Any agricultural product, including personal care products, that is sold, labeled or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))must be: * * *

4. §205.300 Use of the term, “organic.”

(a) The term, “organic” may only be used on labels and in labeling of raw or processed agricultural products, including ingredients of any product, without regard to the end use of the product, that is sold, labeled or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))must be: * * *

5. §205.311 USDA Seal

(a) The USDA seal described in paragraphs (b) and (c) of this section may be used only for farm or processed agricultural products, including personal care products, described in paragraphs * * *

The National Organic Program (NOP) has received numerous inquiries regarding its current thinking on the issue of products that meet the NOP program standards for organic products based on content, irrespective of the end use of the product. This statement is intended to clarify the NOP’s position with respect to this issue, and will be provided to all of our accredited certifying agents.

Agricultural commodities or products that meet the NOP standards for certification under the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501- 6522, can be certified under the NOP and be labeled as “organic” or “made with organic” pursuant to the NOP regulations, 7 C.F.R. part 205.300 et seq. To qualify for certification, the producer or handler must comply with all applicable NOP production, handling, and labeling regulations.

Operations currently certified under the NOP that produce agricultural products that meet the NOP standards to be labeled as “organic” and to carry the USDA organic seal, or which meet NOP standards to be labeled as “made with organic,” may continue to be so labeled as long as they continue to meet the NOP standards. Such certification may only be suspended or revoked after notice and opportunity for hearing.

There are agricultural products, including personal care products, that, by virtue of their organic agricultural product content, may meet the NOP standards and be labeled as “100 percent organic,” “organic” or “made with organic” pursuant to the NOP regulations. Businesses that manufacture and distribute such products may be certified under the NOP, and such products may be labeled as “100 percent organic,” “organic” or “made with organic” so long as they meet NOP requirements. Additionally, products that may be labeled “100 percent organic” or “organic” may also carry the USDA organic seal. If additional rule making is required for such products to address additional labeling issues or the use of synthetics in such products, the NOP will pursue such rule making as expeditiously as possible.

2) Cosmetics, Body Care Products, and Personal Care Products, April 2008

● FDA does not define or regulate the term “organic,” as it applies to cosmetics, body care, or personal care products.

● USDA regulates the term “organic” as it applies to agricultural products through its National Organic Program (NOP) regulation, 7 CFR Part 205.

● If a cosmetic, body care product, or personal care product contains or is made up of agricultural ingredients, and can meet the USDA/NOP organic production, handling, processing and labeling standards, it may be eligible to be certified under the NOP regulations.

● The operations which produce the organic agricultural ingredients, the handlers of these agricultural ingredients, and the manufacturer of the final product must all be certified by a USDA-accredited organic certifying agent.

● Once certified, cosmetics, personal care products, and body care products are eligible for the same 4 organic labeling categories as all other agricultural products, based on their organic content and other factors:

 “100 percent organic”–Product must contain (excluding water and salt) only organically produced ingredients. Products may display the USDA Organic Seal and must display the certifying agent’s name and address.

 “Organic”–Product must contain at least 95 percent organically produced ingredients (excluding water and salt). Remaining product ingredients must consist of nonagricultural substances approved on the National List or nonorganically produced agricultural products that are not commercially available in organic form, also on the National List. Products may display the USDA Organic Seal and must display the certifying agent’s name and address.

“Made with organic ingredients”– Products contain at least 70 percent organic ingredients and product label can list up to three of the organic ingredients or “food” groups on the principal display panel. For example, body lotion made with at least 70 percent organic ingredients (excluding water and salt) and only organic herbs may be labeled either “body lotion made with organic lavender, rosemary, and chamomile,” or “body lotion made with organic herbs.” Products may not display the USDA Organic Seal and must display the certifying agent’s name and address.

Less than 70 percent organic ingredients–Products cannot use the term “organic” anywhere on the principal display panel. However, they may identify the specific ingredients that are USDA-certified as being organically produced on the ingredients statement on the information panel. Products may

not display the USDA Organic Seal and may not display a certifying agent’s name and address. (Water and salt are also excluded here.)

● Any cosmetic, body care product, or personal care product that does not meet the production, handling, processing, labeling, and certification standards described above, may not state, imply, or convey in any way that the product is USDA-certified organic or meets the USDA organic standards.

● USDA has no authority over the production and labeling of cosmetics, body care products, and personal care products that are not made up of agricultural ingredients, or do not make any claims to meeting USDA organic standards.

● Cosmetics, body care products, and personal care products may be certified to other, private standards and be marketed to those private standards in the United States. These standards might include foreign organic standards, eco-labels, earth friendly, etc. USDA’s NOP does not regulate these labels at this time.

Certification and Labeling of Soap Products Made From Agricultural Ingredients

The Organic Foods Production Act of 1990 (OFPA), 7 U.S.C. Section 6501, et. seq ., as amended, and implemented in 7 CFR Part 205, National Organic Program (NOP) Final Rule, regulates the production, handling, processing, and labeling of all raw or processed agricultural products to be sold, labeled, or represented as organic in the United States. In an August 23, 2005 policy statement issued by the NOP, the Program clarified that agricultural products may be certified and labeled in accordance with the Act and its implementing regulations regardless of end use. The statement allows for certain products, such as soaps, to be certified under the NOP, providing they comply with 7 CFR 205.

This document describes the interim procedures to be used by certified operations and certifying agents accredited by the U.S. Department of Agriculture (USDA) to certify and label soap products as “organic” or “made with organic [specified ingredients]”, referred to throughout this document as “made with” products.

Soap is produced by a process called saponification, whereby oils are hydrolyzed by the addition of an alkali, yielding soap, glycerin, water and other byproducts. Glycerin is produced by this process and has been determined by the National Organic Standards Board (NOSB) to be a synthetic and appears on the National List of Allowed and Prohibited Substances as such. (Insecticidal soaps are permitted under 205.601 for crop production.)

The NOP has been asked to provide guidance on the labeling of soap that has been formulated and produced in accordance with the NOP regulations.

Some in the industry have expressed concern that allowing certification and labeling of soap as organic is a violation of OFPA. We disagree. The processing of agricultural products in accordance with NOP regulations often results in chemical or physical changes, many of which may involve the synthesis of new compounds. For example, the processes of baking bread or cooking meat create changes in the products that may involve the creation of new compounds. However, neither of these common products are viewed as synthetic under the regulations. Our interest is to create a consistent, fair policy that can be applied uniformly in a variety of situations. Therefore, we base our analysis of the process on the NOP regulations. The NOP regulations describe the inputs and processing which take place in the formulation and

manufacturing of a finished product; they do not prescribe the nature of the finished product itself. This allows agricultural products and allowed synthetics to be used to create a wide variety of products which may be eligible for certification, regardless of end use. Further, identification of products produced in compliance with the NOP regulations, and the percentage of organic products that they contain, allows for subsequent formulation into products which retain their eligibility for labeling as organic or “made with” organic products, depending upon the percentage of organic ingredients used to create the product. This allows producers to retain the added value of organic products throughout the production process and provides consumers with a choice when searching for products that contain organically produced ingredients.

In general, products that have been formulated in compliance with the NOP regulations may be eligible for certification as “organic” or “made with” products. Further, products produced in compliance with the regulations should be eligible for further processing and certification based on their true organic component content. Thus, a formulated product produced using 75% organic ingredients and 25% allowed synthetics is eligible for certification as a “made with” product. In addition, the “made with” products should carry a certified organic content of 75% when used in subsequent down-stream processing, under the condition that full disclosure of its organic content and other ingredients is provided by the manufacture. If a soap is produced using 80% certified organic oil and 20% sodium hydroxide, the soap would be eligible for certification as a soap “made with organic oils.” Further, the soap “made with organic oils” may be processed downstream into other products using 80% as the organic content for those calculations.

Labeling of these products should be consistent with labeling done for any other certified organic processed product, with full disclosure of the ingredients in the ingredient statement on the information panel. This should include all certified organic ingredients and any synthetics used to produce the product. Although Food and Drug Administration (FDA) regulations allow downstream processors to list “saponified organic oils” in the ingredient statement, FDA does not prohibit full disclosure of the organic and synthetic ingredients, consistent with NOP regulations. Therefore, ingredient statements for products containing saponified oils must include the name of the actual organic ingredient and the synthetic ingredients used to create the soap. If the saponified oils are produced as a part of a separate process, they may be listed as a parenthetical statement, such as “saponified organic oils (organic coconut oil, potassium hydroxide), water, glycerin, beet juice color.”

Guidance: Soap products formulated using certified organic oils and materials included on the National List may be certified and labeled as “organic” or “made with organic [specified ingredients].” Further, when manufacturers of saponified organic oils produce such products in compliance with the regulations and provide certified formulations to downstream processors, they may be further processed into “organic” or “made with” products.

When saponified oils are produced by a certified organic handler and are to be sold as “made with organic oils” for further processing into certified “organic” or “made with” products, they must be accompanied by a complete ingredient statement which gives the actual percentage of the organic ingredients contained in the “made with” product. When labeling products produced with saponified oil, the ingredient statement of the further processed product must include the ingredients used to produce the saponified oil. As an option, the saponified organic oil may be stated on the ingredient statement followed by a parenthetical statement. Listing the saponified oils without listing the ingredients used to produce the saponified oils is not sufficient.

Procedures: As always, certifiers must review and approve all organic handling plans for products produced with saponified oils, including the ingredient statements for the saponified oils themselves, prior to issuing certification for handling operations producing these products. Producers of saponified oils to be further processed into other personal care products must provide statements of the type and percent of all ingredients used to produce the saponified oils so that this information may be included in the ingredient statement of the finished product. All labels for certified organic soaps and products containing saponified oils must be reviewed and approved by the certifying agent prior to printing and labeling.