Other Issues

OTC medical devices like bandages, menstrual products, face masks, and at-home test kits, used for the purposes of prevention, testing, and treatment are well-accepted, cost saving elements of the healthcare system. Unfortunately, most states that have a retail sales tax, include a tax on the sale of some or all OTC healthcare products. More than 40 states, on the other hand, exempt sales tax of prescription drugs.

Despite the critical role sunscreens play in a healthy self-care routine, some state lawmakers are working to restrict sales of chemical sunscreens and key ingredients due to perceived environmental and human health impacts.

The Consumer Healthcare Products Association (CHPA) released the following statement today in response to Aylstock, Witkin, Kreis & Overholtz, PLLC filing a Citizen Petition with the U.S. Food and Drug Administration (FDA), requesting the Agency “recall and suspend sales of benzoyl peroxide (BPO) from the US Market due to the presence of benzene.”

In recent years, several states have taken proactive steps to address plastic pollution and promote sustainability by implementing post-consumer recycled (PCR) content mandates for packaging. These laws require manufacturers to incorporate a minimum percentage of recycled materials in their packaging products.

CHPA and several of its member companies who manufacture and market leading over-the-counter oral care products, including Colgate-Palmolive, Haleon, Kenvue, Lornamead, Procter & Gamble, and Sanofi, joined Members of Congress on Capitol Hill this week to celebrate the introduction of HR 8599, the Oral Health Products Inclusion Act. 

CHPA released the following statement today applauding the introduction of HR 8599, the Oral Health Products Inclusion Act. This bipartisan legislation, sponsored by U.S. Reps. Jeff Van Drew (NJ-02), Brad Schneider (IL-10), Nicole Malliotakis (NY-11), and Jimmy Panetta (CA-19), would increase access to certain oral care items, including manual and electric toothbrushes, water flossers, anti-cavity toothpaste, mouthwash, and similar oral care products by recognizing them as “qualified medical expenses” that can be purchased with Flexible Spending Account (FSA) and Health Savings Account (HSA) funds. Extending eligibility to oral care products so Americans can better manage their unique oral care needs builds upon a previous bipartisan victory in 2020, which reinstated FSA/HSA eligibility for OTC medicines, and for the first time, feminine care products, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.