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.”
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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:
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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.
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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