President-elect Trump’s nomination of Robert F. Kennedy, Jr. to lead the Department of Health and Human Services ranks among his most controversial. The outcry against the Kennedy nomination began within minutes of the announcement. Much of the consternation regarding Kennedy’s nomination can be attributed to his criticisms of the Food and Drug Administration (FDA), which he has alleged is a “corrupt system.”
Among its multiple responsibilities, the FDA is charged with oversight of the cosmetics and skincare industry. The skincare market in the United States represents a rapidly growing $24 billion-a-year industry that is projected to surpass $30 billion by 2030. As some skincare treatments require the injection of products like dermal fillers and neuromuscular blocking agents, the safety of these products is no less important than in medicine.
Unfortunately, many cosmetic companies prioritize profit over safety, leading to the use of harmful ingredients, inadequate testing practices, and false advertising. While most consumers would expect that the products they use regularly are safe, numerous cosmetic products contain toxic ingredients that can cause serious and lasting health issues.
Beauty industry giants L’Oréal and Galderma have proven track records of ignoring consumer safety, and the announcement of L’Oréal’s recent major investment in Galderma, makers of Restylane and Dysport, raises serious concerns. Might a Secretary Kennedy find this arrangement problematic?
Over the years, both L'Oréal and Galderma have faced lawsuits and investigations regarding their advertising practices and patents, doing everything from "masquerading speculation as science,” according to a federal judge, to claiming they can change a person’s genes to prevent aging. Both companies are also currently under investigation or facing sizable lawsuits from claims that they have used harmful—and potentially carcinogenic—chemicals in their products, including CeraVe and DIFFERIN.
In an October 21 letter to the Food and Drug Administration (FDA) and Federal Trade Commission (FTC), Consumers for a Stronger Economy (CASE) urged both agencies to ensure L’Oréal and Galderma are held accountable for the toxic ingredients in their products and any misleading claims or messages in their advertising campaigns.
Americans have an expectation that the FDA will act to protect them from harmful products, while the FTC will guard against deceptive marketing practices reliant upon false promises. And while consumers are seeking medical treatments for cosmetic reasons, it is crucial that these agencies do everything possible to make sure rigorous oversight of the partnership between L’Oréal and Galderma is put in place.
It has become abundantly clear that increasing their bottom line is the most important objective for companies like Galderma and they are surpassing even their own goal lines. Galderma recently announced that their 2024 third quarter earnings were record breaking with an astonishing $3.259 billion in net sales. L’Oreal’s investment will ensure 2024 is one of their best years.
Even if not ultimately confirmed, the Kennedy nomination by itself has put a spotlight on the role of the FDA in shaping – whether to the benefit or detriment of American consumers – public health policy. The agency can regain public trust and reduce its controversies if it prioritized basic yet critical health issues such as the common-sense concerns that have arisen in the proposed partnership between L’Oreal and Galderma.
Americans deserve products that not only live up to their claims, but don’t pose potential threats to our health without warning. By prioritizing basic health concerns like cracking down on known toxic chemicals that may find their way into a family’s medicine cabinet, the FDA and FTC can help to ensure that companies such as L’Oréal and Galderma cannot put corporate profits ahead of consumer safety.
