Category: Legislation & Regulation

  • Another FDA Warning Letter

    The FDA just published a warning letter  to a cosmetic manufacturer in St. Louis.  Once again, the FDA reviewed the website and cited drug claims: “…the claims on your website establish that the products are drugs under the … Food Drug and Cosmetic Act … because they are intended for use in the cure, mitigation, […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • International Cosmetic Laws

    While most of my writing has been on the subject of United States regulations, the truth is that nearly all major countries have very comparable laws when it comes to labeling soap and cosmetics. The US is a bit more lenient when it comes to soap, and to registration and pre-approval. The reason for the […]

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  • Cosmetic Regulations – Louisiana

    Louisiana is another state that has some regulations for cosmetic manufacturers including facility and product registration.

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  • ISO Issues Natural and Organic Cosmetic Guidelines

    In February this year, the International Standards Organization issued ISO 16128-1, Guidelines of technical definitions and criteria for natural and organic cosmetic ingredients and products (available to purchase here).  The description of the guidelines says: ISO 16128-1:2016 provides guidelines on definitions for natural and organic cosmetic ingredients. In addition to natural and organic ingredients, other ingredient […]

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  • New FDA Webpage for Handcrafters

    The FDA has published a new webpage that is directed to cosmetic handcrafters. It’s the Small Businesses & Homemade Cosmetics: Fact Sheet, which can currently be found in the Cosmetics section of the FDA website, under “Resources for You” > “Industry“. Just to clarify, nothing has changed; there are no new regulations.  This is just […]

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