USDA Allows Organic Personal Care and Supplements

WASHINGTON--In response to numerous public and industry inquiries, as well as a pending lawsuit, the U.S. Department of Agriculture (USDA) sent a memo on Aug. 23 to all USDA-accredited certifying agents clarifying the National Organic Program (NOP) position with respect to inclusion of personal care and dietary supplement products to the list of agricultural products that can be certified “organic” or “made with organic” under the Organic Foods Production Act of 1990. Barbara Robinson, deputy administrator with the USDA Agricultural Marketing System (AMS), advised NOP certifying agents any consumable product can qualify for the various NOP organic certifications as long as the product meets existing NOP standards for organic agricultural products.

“I commend…USDA’s change of heart in regards to certifying personal care products under the NOP program,” said Lynn Betz, founder and president of Sensibility Soaps. “Supporting the integrity of certified organic claims in the marketplace is of immeasurable benefit to organic consumers, farmers and suppliers, as well as organic personal care manufacturers.”

“This is a major victory for organic consumers who rely on NOP certification to ensure that their personal care and other non-food consumable products, like pet foods, contain real organic ingredients free from unnecessary synthetic ingredients,” said Ronnie Cummins, founder and national director of the Organic Consumers Association (OCA).

In a bold move, Dr. Bonner’s Magic Soaps and OCA sued USDA in June in an effort to force the agency to permit non-food products under the NOP, citing a violation of administrative procedures that could have brought financial harm to companies invested in non-food organic products. The suit was a part of OCA’s Coming Clean Campaign and, according to OCA, will likely be withdrawn following settlement talks over the next 30 days.

“We are pleased that USDA has decided to follow the law and promote the interests of consumers by recognizing that certified organic producers are indeed able to access the NOP program and display the USDA organic seal,” said Joe Sandler, lead attorney for the plaintiffs in the lawsuit.

While the memo confusingly failed to specifically approve dietary supplements, Michael McGuffin, president of the American Herbal Products Association (AHPA), received written confirmation from USDA that its clarification includes organic certification for supplements--as long as they are agricultural products that meet the NOP standards. "Marketers of organic herbal supplements and growers of organic herbs for these products will now be able to gain both the environmental and the financial benefits of their organic commitments," said McGuffin.

"Though AHPA was right on the supplement issue, and had explicitly endorsed a position to make the organic law applicable to other products, including cosmetics and personal care products, [Bronner's and OCA's] lawsuit greatly accelerated this resolution for all of us," noted McGuffin.

Many consumers, organic manufacturers and trade groups actively opposed the exclusion of various personal care and supplement products from the agency’s organic program, including the Organic Trade Association (OTA), California Certified Organic Farmers (CCOF), Friends of the Earth, Campaign for Safe Cosmetics, Bath & Body Works and U.S. Rep. Melissa Hart (R-Pa.).

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