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Answer from Brett Krkosska:Legal Requirements For The Sale of Cosmetic Products
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| The Food and Drug Administration regulates cosmetics, which
they define as products that are for "cleansing, beautifying, promoting
attractiveness or altering the appearance without affecting the body's structure or
function." That's a fairly broad stroke. Even water alters the body's
appearance, so they seem to have cleverly worded the law to include nature in a bottle. It
appears your product will be subject to the Food, Drug, and
Cosmetic Act. |
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This doesn't mean you must seek FDA approval, but it does mean you need
to stay within the limits of the Act. For instance, imported animal products and
restricted dyes are forbidden, and the conditions under which your product is prepared and
packaged must be sanitary.
You will also be required to follow the Fair Packaging and
Labeling Act. Your labels must include ingredients, quantity, your place of
business, safe use instructions, and appropriate warnings for consumers. You can read all
the juicy details in the Cosmetic Labeling Manual.
Of special concern is to avoid remarks which claim to "cure, mitigate, treat or
prevent disease, or to affect the structure or any function of the human body."
That is the definition of a drug. Drugs must be FDA approved.
For instance, asserting that your product cures arthritis is a no-no, but even the less
obvious act of listing an "active ingredient" on your label makes the claim that
your cosmetic product functions as a drug also.
Lastly, you should take steps to legally structure your business. This article will help
you prepare: Making Your Business Legal.
Search for more information about Cosmetic Sales
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