FOR IMMEDIATE RELEASE Tuesday, June 3, 2003 CONTACT: Ronnie Cummins 218-226-4164 Adam Eidinger 202-744-2671 State of California Launches Investigation into ‘Organic’ Claims Made by ‘Natural’ Cosmetics Company SACRAMENTO, CA, June 3 —The Organic Consumers Association (OCA) has learned that the California State Organic Program (SOP) and the California Department of Health Services have launched an official investigation into misleading ‘organic’ claims on over 30 body care products manufactured by Avalon Natural Products. The investigation is in response to a formal complaint filed with the SOP on May 5 by the OCA, a watchdog nonprofit organization focused on protecting consumer rights. According to the OCA, Avalon is violating multiple body care product labeling laws, one of which is the illegal counting of tap water from steam as an “organic” constituent. The investigation is also looking into Avalon’s use of synthetic petroleum derived ingredients in its “organic” cosmetics. “The investigation by California State regulators shows they are taking seriously our concerns over the misuse of the word ‘organic’ on cosmetic labels,” said Ronnie Cummins, Executive Director of the Organic Consumers Association. “What Avalon is doing damages consumer trust in products labeled organic. It sends the signal to other cosmetic companies that they can use synthetic surfactants and preservatives in part or wholly derived from petroleum in products claiming ‘organic’ status. Avalon’s practice of counting water from steam as organic in shampoo, conditioner and skin creams needs to stop.” Patrick Kennelly, Chief of the CA Department of Health Services Food and Drug Branch, confirmed the SOP investigation. In a phone conversation with OCA staff, Kennelly said, “We already have an investigation of Avalon's products underway, but we are a law enforcement agency, so we're not allowed to share the blow by blow information with anyone. We hope to have the investigation completed within the 90-day period, but this is an extremely extensive complaint. It may take a little bit longer, considering we have 30 different products to examine. When the investigation is complete, the OCA will receive a written report outlining our findings.” Organic ‘Experts’ Misrepresent the Status of Hydrosols (Floral Water) Last month, members of the Organic Trade Association’s Personal Care Task Force met to discuss recommendations for organic cosmetic standards. At the meeting, Kim Burton, a board member of the National Organic Standards Board (NOSB), alleged that the Food and Drug Administration (FDA) and the Soil Association (a U.K. based organic certifier) define hydrosol as a “single ingredient” in which the added water from steam is considered “organic” in another product such as a soup or soap. However, upon review of this assertion, the OCA learned that in fact there is no FDA definition of ‘hydrosol’ as a ‘single ingredient’ or anything else. Furthermore, Maarten van Perlo, a certification officer who specializes in health and beauty for the Soil Association, stated: "Hydrosols and floral waters are considered water under the Soil Association health and beautycare standards. They are therefore excluded from the calculations when establishing the percentage of organic ingredients in a health and beautycare product." The OCA is quite alarmed by this development, and Cummins stated: “When a supposedly independent member of the NOSB is willing to deep-six organic integrity and flak for floral water suppliers, to the point that outright misrepresentations of the factual regulatory record are made to mislead and confuse the public, we are all in trouble. This does not bode well for the future of organics in America.” -more- 2 The added water from steam in hydrosols is substantial, unregulated, and may well constitute 90+% of the floral water by weight. However, the body care companies that purchase such floral waters for addition to their synthetic body care products do so in order to deceptively increase the organic ingredient percentage. In actuality, they are simply diluting the product with water. “Floral waters may contain some amount of organic plant water that can be counted under existing National Organic Program food standards as organic when added to another product, but only if that content can be determined. But if this is impractical, then floral waters should not count at all, as with the Soil Association,” said Cummins. “Consumers deserve answers about the percentage of floral water that amounts to ordinary tap water. This water should not be counted when added to another body care product to make deceptive ‘70% organic’ claims.” The California Organic Standards Act of 2003 stipulates a mandatory 70 percent minimum weight of nonwater/non-salt agricultural organic content in a product for a “Made with Organic” label claim to be made on the front panel, and expressly forbids synthetic ingredients not allowed under the federal NOP. The OCA has demanded that organic body care standards should mirror the standards for organic food products. This means that: Certified organic agricultural feed-stocks are utilized exclusively, versus petroleum or conventional vegetable feed-stocks, in the manufacture of the key basic cleansing and conditioning ingredients. Manufacture of such ingredients is reasonably simple and ecological. The toxicity of each ingredient is minimal. Non-agricultural water is not counted in any shape or form as contributing to organic content. The OCA is a nationwide non-profit organization of 500,000 organic consumers, dealing with issues such as organic standards, public health, food safety, sustainable agriculture, and Fair Trade. ### ORGANIC CONSUMERS ASSOCIATION · 6101 CLIFF ESTATE ROAD · LITTLE MARAIS, MN 55614 USA Telephone: 218-226-4164 · Fax: 218-353-7652· email: info@organicconsumers.org www.organicconsumers.org