Category: Legislation & Regulation

  • California Cosmetic Regulations Updated

    Two bills concerning cosmetic manufacturing in California have been working their way through the legislative process.  California Governor Jerry Brown just signed AB 2775 on Sept 14th, and SB 1249 went to the Governor on September 12th.  What does it mean for handcrafted cosmetics? AB 2775 – Professional Cosmetic Labeling California AB-2775 requires that all cosmetics…

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  • Making Cosmetics in Connecticut

    Connecticut requires that Cosmetic Manufacturers get licensed. Licensing requires an inspection that is primarily focused on Good Manufacturing Practices.

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  • If One, Then All?

    “If you put one ingredient on your soap label, you have to list them all” is an idea is being bandied around a lot lately.  But is it true? As with most questions about legal stuff and regulations … yes … and no. Cosmetics If the product is a cosmetic, then the answer is a…

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  • Natural Colorants for Soap & Cosmetics

    For most people making and selling handcrafted soap and/or cosmetics “natural colorants” means ingredients such as herbs and spices that will change the color of your product.  If you do a Google search for “natural colorants” you will find articles, posts, messages, books, webinars and more detailing the many ways you can make beautiful and…

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  • 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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