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Alert: Come late October, body care products might not carry the 'USDA Organic' label


Published September 30, 2005

The disappearance of the green-and-white logo doesn't mean that the shampoo, lip balm or skin cream you love has been reformulated to include a lot of scary synthetic chemicals. Odds are, your favorite product is as pure as ever. All that will have changed is the policy governing the label's use. In April, the US Department of Agriculture (USDA) suddenly announced that its National Organic Program doesn't cover personal care products, on the grounds that the agency has no jurisdiction over cosmetics, which are regulated by the US Food and Drug Administration. So body care companies can no longer display the label. But the new ruling contradicts policies that have been in effect since the organic label was created three years ago, leaving consumers confused and companies that spent millions to meet USDA standards with little to show for their investment. Dr Bronner's Magic Soaps, for example, spent approximately $ 6 million to develop chemical-free processes, find ingredients, secure suppliers and comply with USDA regulations. "We've gone to great expense to earn the right to bear the label," says David Bronner, president of Dr. Bronner's Magic Soaps. "We've even worked with poor peppermint farmers in India, helping them go organic to supply us." In June, Bronner and the 500,000-member Organic Consumers Association (OCA) sued the USDA, hoping to force the department to let the labels stay. (Because of the lawsuit, the USDA won't comment.) The plaintiffs expect to win on technicalities alone. "There are proper procedures for making decisions like this, and the USDA ignored them," says Ronnie Cummins, the OCA's executive director. "Agencies must allow a period of public comment so consumers can say what they think of the ruling." Cummins is confident about the bigger issues too. "Consumers will get to tell the USDA that the organics program should apply to body care products, because olive oil is the same whether it's used for cooking or in a skin cream," he says. "This will be a confusing time for shoppers," says Urvashi Rangan, PhD, director of the Consumer Union's eco-labeling project (eco-labels.org), which tracks ingredients in body care products. "People who've relied on the label will just have to become better informed about the ingredients in products they use--especially the nonorganic ingredients. That will be the case until meaningful, consistent standards are developed, perhaps by the FDA and the USDA working together." "Ultimately it comes down to consumer demand," Cummins says. "When we win our suit, consumers will get to make their voices heard. At that point, it's up to them." 80% OF ALL APPLICATIONS TO PRODUCE A NEW CHEMICAL ARE APPROVED BY THE EPA WITH NO HEALTH AND SAFETY DATA --Environmental Working Group