Cosmetic Regulations – Louisiana

Louisiana is another state that has some regulations for cosmetic manufacturers, over and above what the FDA requires.

The actual statutes and regulations require permitting (including lots of facility and water requirements) as well as registering all cosmetic products with the state.

HOWEVER, due to the recent work of Andrea Anderson of No-Nothing Ranch, Soapmaker and member of the Handcrafted Soap and Cosmetic Guild, and Louisiana State Rep. Kimberly Landry Coates there have been some clarifications:

  1. Registration is only required for cosmetic facilities making products that are sold wholesale.
  2. If you make cosmetic products and only sell retail, you do not have to register.
  3. Product registrations are no longer required (having been superceded by federal MoCRA requirements).

Cosmetics are overseen by the Louisiana Department of Health, Bureau of Sanitarian Services. They recently updated their web page about cosmetics to briefly clarify the above points.

Going forward, there is some indication that the statutues (and their resultant regulations) may be updated in coming legislative sessions.


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Comments

  1. Dede Chat

    I am just starting out. We are starting a cosmetic line the first up in the line is lip gloss. Does anyone know where to start? We are so lost.


    1. Marie Gale

      Start by downloading the Cosmetics Plan Packet (link in the post above). It contains several documents, you’ll have to download the whole file and then view it in Adobe Reader. (Download that from the link provided, if you don’t have it).

      The first document lists out the documents in the packet.

      The LAST document is form FD-1E, the Utility No Objection Letter. Probably best to start with that, since your manufacturing won’t go anywhere without it. You’ll need to go to your Parish and get it signed. Basically it says that potable (drinkable) water and the wastewater system for your operation are okay. If you’re making products in your house you may need to show that you are not going to overwhelm either the drinking water or the sewer system with your manufacturing. Likely not an issue for you – but you can see how it would be an important point for a big manufacturing facility.

      Once you get that, the next thing you need to do is the third document – form FD-1B. You’ll need to fill that out. It’s a fillable pdf, so that makes it easier. Keep in mind that it is designed for large companies, so some of the questions may not be applicable. There doesn’t seem to be any restriction on making cosmetics at home – but again, it’s all about water and waste. If you are making in your house, just provide all of the pertinent information about the space you are using.

      You’ll need an inspection – that comes after the forms have been submitted.

      The documents reference a “program coordinator assigned to your region/district.” You might be able to contact that person and ask for guidance or assistnace.

      If you would like some one-on-one consulting to help you get through it, I’m available. See Consulting for details.


  2. V

    So as far as soaps go….if I create a list that lists all the benefits of a specific ingredient within the soap….but I do not claim that the producy( soap) itself does anything other than clean….is this permissable? For instance…..if I sell turmeric and honey soap …and list all benefits of honey for the skin…( If that makes sense).


    1. Marie Gale

      Claims for the ingredients are considered claims for the product (otherwise why mention them?)

      So if you make cosmetic-type claims for the ingredients in a soap (cleansing, improving attractiveness, altering appearance), the soap would become a cosmetic.

      If you make drug-type claims (healing, curing, altering the function or structure of the body), the soap would become an unapproved new drug.


  3. Mel

    If I have been making lip balms, lotions, bath bombs, and sugar scrubs already without knowing any of this… what would happen? I can’t afford these prices. I’m still the red for gods sakes. But my bath bombs sell way more than anything else.


    1. Marie Gale

      In theory, you could be shut down if your facility and products are not correctly registered. The reality may be a little different than the regulations. So far, I haven’t heard of any enforcement for handcrafters.

      The good news is that the pre-emption clause of the new federal cosmetic regulations MAY provide some relief.


  4. Laqueena Marshall

    How are people getting around legal practices? I’ve been dreaming this dream for 3 years only to have them crushed today because I want to follow the law. Ive wasted lots of time and money and I am completely broken.


    1. Marie Gale

      I’m sorry to hear that.


    2. Niyah

      Just for clarification, in Louisiana, if making soap with no stated claims, you do not need a facility registration nor the other permits? Does this also apply to candles? Does lotion require the registration and permits?

      If for soap and candles, nothing additional is needed, the standard local and state taxes along with stare and local business registration are the only needed thungs?


      1. Marie Gale

        In Louisiana, soap isn’t a cosmetic if you don’t make any claims. Candles aren’t a cosmetic because they aren’t appied to the human body. Massage candles would be a cosmetic, but not a regular room candle. If you are only making soap and candles, you aren’t manufacturing cosmetics, so a cosmetic license is not needed. You do, of course, need the regular business registration for state and local taxes, business name filing, etc.


  5. Suzette LeBlanc

    Hi Everyone, I live in Louisiana and am in the early stages of getting my permit to make cosmetics other than soap. As my mini building stands, I can make soap. Anything else is a cosmetic and requires rules and regulations. Sent off labels and preliminary pictures and was told: I need a 3 compartment sink, floors must be lighter, and my packet would be sent off to the supervisor for final recommendation review. I’ve read the guidelines and I must be missing some parts, I see nothing about what materials can be used or not. I will be emailing the supervisor and asking for more information that my area inspector couldn’t give me. I haven’t set up water, electricity, or sewage yet. Not sure what can be done, when I know I will update


    1. Marie Gale

      This document https://www.fda.gov/media/86366/download from the FDA contains a draft GMP guidance for cosmetic manufacturers. It has a section on buildings and facilities; not terribly specific, but at least a general guide.


    2. Ce

      Can we get an update on your business? I live in Louisiana and am trying to start a lip balm, soap, and candle business. I have a building bit I am confused on what to do to it to get it approved.


      1. Marie Gale

        I haven’t heard anything else about requirements in Louisiana. I did look at the most updated packet of information for cosmetic manufacturers and noticed the “last updated” dates for the documents are 2020 and 2021, so they are valid now. You should contact the State of Louisiana Department of Health to get your specific questions answered.

        Keep in mind that CANDLES are not cosmetics and SOAP is not a cosmetic (provided no statements are made that it will do anything more than clean), so no cosmetic permit or approval is needed to make or sell those products. Lip balm, however, is a cosmetic and could require a permit and product registrations.


    3. Heather McGehee

      Hi, I’m a beekeeper in Louisiana and am wanting to set up my business to make lotions next, how did the process go for you?


  6. tbscot

    I would like any updates you may have on this topic. Thank You!


  7. Lynyell

    I need more info on this privately


    1. Marie Gale

      Feel free to email me at [email protected]


  8. I want to sell cosmetics at home. But I want to work with a private labeling company. Do I need a permit to sell lipstick and lipgloss after purchasing and labeling my products with private labeling company?


    1. Marie Gale

      The “Basic Requirements for Prospective Cosmetic Manufacturers” document linked to above, says “No person shall operate a facility engaged in “manufacturing, processing, packing or holding of drugs or cosmetics within Lousiana without a valid permit to operate … ” Since you will be “holding” the cosmetics (and maybe packing or labeling), then you would need a permit.

      Even if you get the cosmetics packaged and labeled (and ready for resale), you would still need a permit AND would need to register the product. The document also says ” … each manufacturer, processor, packer or private-label distributor of drugs or cosmetics in package form must register each separate and distinct product annually.


      1. Kyra Jean

        Do bath bombs fall under the same category as soap? Its not a cosmetic and used for cleaning.


      2. Marie Gale

        A bath bomb is a cosmetic. So all the cosmetic regulations apply.


  9. Maria Carroll

    I was wanting to start making bath bombs to sell out of my home and when I called Dept of Health and hospital they told me I could not make these in my home. I also called the local FDA office and they also said the same thing. I’m totally devastated because I know for a fact there are many that make them and sell from their home. March 26, 2018


    1. Marie Gale

      It’s true that there are people out there who are violating the law. Unfortunate. Very unfortunate, because it reflects so badly on all of us who want to avoid more industry regulations to corral the non-complying people/companies.

      I’m sorry that you won’t be able to go ahead with your plans at this time.

      If you are more interested in selling than in making, you might consider purchasing product from another handcrafter (out of the state) and then repackaging private label. See the article Private Labeling in the How-To Library of the Handcrafted Soap and Cosmetic Guild. It might give you some ideas.


  10. Annalisa

    I contacted the Dept of Health and Hospitals and they said that Louisiana law does not allow production of cosmetics by home businesses.


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