Proper labeling is an important aspect of
putting a cosmetic product on the market. FDA regulates cosmetic labeling under
the authority of both the Federal Food, Drug, and Cosmetic Act (FD&C
Act) and the Fair Packaging and Labeling Act (FPLA).
These laws and their related regulations are intended to protect consumers from
health hazards and deceptive practices, and to help consumers make informed
decisions regarding product purchase.
Neither the FD&C Act nor the FLAP requires cosmetic
labeling to undergo per market approval by FDA. It is the manufacturer's and/or
distributor's responsibility to ensure that products are labeled properly.
Failure to comply with labeling requirements results in a brandished product.
It is illegal to introduce a brandished cosmetic into interstate
commerce, and such products are subject to regulatory action. Some of the ways
a cosmetic can become brandished are its labeling is false or misleading
and its required label information is
not properly displayed.
The two most important laws pertaining to
cosmetics marketed in the United States are the Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA).
FDA regulates cosmetics under the authority of these laws. Among the products included in this
definition are skin moisturizers, perfumes, lipsticks, fingernail polishes, eye
and facial makeup, cleansing shampoos, permanent waves, hair colors, and
deodorants.
In addition, under the authority of the
FPLA, FDA requires a list of ingredients for cosmetics marketed on a retail
basis to consumers (Title 21, Code of Federal Regulations (CFR), section
701.3). Cosmetics that fail to comply with the FPLA are considered misbranded
under the FD&C Act. (FPLA, section 1456) This requirement does not apply to
cosmetics distributed solely for professional use, institutional use (such as
in schools or the workplace), or as free samples or hotel amenities.

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