FDA “Discretionary Enforcement”

Last March, I sent a Freedom of Information Request to the FDA, asking for details on any decisions they had made to use “discretionary enforcement” on some regulations. It seems that are some labeling regulations that the FDA has apparently decided not to enforce … but they haven’t really said anything publicly.  That may be why we see so many … Read More

Florida Regulations – Changed 2017

After work by a number of people and groups, the Governor of Florida has just signed new legislation that makes it easier for cosmetic manufacturers in Florida. Prior to the changes Up until now, Florida Cosmetic Manufacturers were required to get a Cosmetic Manufacturing Permit at a cost of $800 every 2 years, and register each and every cosmetic product at $20 … Read More

More About “Natural” Claims

The FDA doesn’t regulate the term “natural” for cosmetics, but the FTC has taken action against deceptive claims of “all natural” cosmetics under their authority over “deceptive practices.” Who Has Authority? When it comes to cosmetic products, their safety and labeling, the FDA has authority. But as an interesting historical note, when the Food Drug and Cosmetic Act was updated … Read More

What about Glitter?

Oooh, pretty! Shiny! Sparkles! Glitter! But can you put it in soap or cosmetics? The FDA regulates color additives that may be used in cosmetics, and “glitter” is not on the list.  In fact, the FDA says that glitter is not an approved color additive. BUT, you can see glitter in all sorts of commercial cosmetic products … so what’s … Read More

Soap: the Chameleon

Soap is a chameleon – it can be many things depending on what you claim it can do. It is the CLAIM that determines what the product is, and that, in turn, determines what REGULATIONS/LAWS apply. Soap can be a drug: if you make claims that it (or any of the ingredients in it) is intended to treat physical issues (eczema, … Read More

Lawsuits Over “Organic” Cosmetics

Babyganics is now the last in a long line of cosmetic companies sued for false advertising over organic-type claims.  Last month there were two suits filed against Babyganics, one for falsely advertising and implying their products are organic and one by a mom who alleged that her toddler sustained chemical burns from Babyganics tear-free shampoo. I wrote a couple of years … Read More

Intended Use – Know Before You Go

It is the intended use  of the product that determines what it is. Oddly enough, it can be the exact same product formulation, but it could be classed as different types of products depending on what you say is its intended use. What is it? If the intended use is… To cleanse and it is marketed only as “soap” It … Read More

Toxic Substance Control Act Reform 2016

If you’re following chemical news, you may have heard that reforms of the Toxic Substance Control Act of 1976 were just signed into law by President Obama.  A pretty concise summary of the changes in existing law is available here. In very, very brief summary, the revisions to the TSCA passed in 1976 include giving the EPA authority – and a … Read More