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Fri Mar 16, 2007 8:07 am  |
I'm curious about US law re: ingredient listing on comsetics. I THINK the FDA requires this, but are products not sold in stores exempt?
Found the below paragraph on FDA website,
(http://www.cfsan.fda.gov/~dms/cos-lab1.html)
and perhaps that's what it means. Does anyone know?
Just to be clear, I'm not accusing or attacking anyone who is selling/not labeling, I'm just curious about the law. And what people think about it. For instance, does this predate the internet? If so, does anyone think the regulation should be changed? Or not? Is the internet a version of 'not sold at professional establishments?' Should it be? The FDA is trying to protect/inform consumers vs. the small business trying to keep its formula from being copied.
How many use products without knowing what's in them? How many are concerned/not concerned?
FDA:
"Cosmetics produced or distributed for retail sale to consumers for their personal care are required to bear an ingredient declaration (21 CFR 701.3). Cosmetics not customarily distributed for retail sale, e.g., hair preparations or make-up products used by professionals on customers at their establishments and skin cleansing or emollient creams used by persons at their places of work, are exempt from this requirement provided these products are not also sold to consumers at professional establishments or workplaces for their consumption at home."
Sorry if this is a repeat thread. I did search, and didn't find this exactly.... |
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Fri Mar 16, 2007 8:16 am |
ALL cosmetic products (except soaps) are required to have ingredients on the labels or on a package insert that can be connected directly with the product. For instance, if you receive a package in the mail with 4 product, there can be a ingredient card inside the package, listing the ingredients for all 4 products, rather than individual labeling.
One company (that is not home-based) that does this is Skin Biology - their products are not individually labeled, but they include an ingredient 'sheet' with each order - listing the ingredients of all their products.
But even home-based (homemade, hand-crafted - however you want to call it) companies are required BY LAW to label their products properly.
As a home-based business-owner, I find it very disturbing when other home-based businesses do not label properly. I wouldn't buy anything to put on my skin if I didn't know exactly what was in it. |
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Handcrafted skincare products designed to make you feel pretty! http://www.ifeelprettyproducts.com |
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Fri Mar 16, 2007 8:41 am |
This is an interesting topic jakee!! I have a few more questions.
Are samples exempt? It seems to me that samples usually have the ingredients listed but not all the time. Since they are technically not considered a "retail sale" it would make sense that they wouldn't need to list ingredients or am I looking at this the wrong way?
Also, what constitutes a proper ingredient list per the regulations? I have seen things such as a shampoo that lists coconut oil and know that what is really in there is a surfactant derived from coconut oil. This doesn't seem like "proper" labeling to me. Am I right on this? |
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Fri Mar 16, 2007 8:46 am |
A proper ingredient listing will include the INCI names - for instance, coconut oil will be triglycerides of caprylic/capric acid...jojoba oil will be simmondsia chinensis (jojoba) seed oil...
I think samples are exempt from having direct labeling, but the manufacturer has to make the ingredient list available to the customer if the customer asks for it. |
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Handcrafted skincare products designed to make you feel pretty! http://www.ifeelprettyproducts.com |
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Fri Mar 16, 2007 9:43 am |
Listing ingredients is in fact the law; this is an important consumer issue for several reasons. First of all, if I want to be an informed consumer, I need to know what is contained in my cosmetics and cosmeceuticals. That way I can determine whether I am using products with duplicate ingredients or ingredients that cancel each other out. If there are "actives" I can research the ingredients on pub med or sites giving me the latest clinical information and make a decision about using the product. And I can comparison shop by price when I know what a product contains.
There are also important health issues. Obviously individuals can have sensitivities and allergies to ingredients and need to be able to determine whether a product is likely to cause them adverse reactions.
But there are even more important health issues behind the FDA regs: lots of dangerous products have been and are being used in cosmetics and skin creams. For example, not long ago there was a skin cream getting rave reviews as a whitening product. It worked all right--because it contained mercury!! The skin cream in question was being imported from Asia and sold in stores in Asian neighborhoods. The FDA went after the sellers and got it banned. But the thing is, the cream in question wasn't fully labelled so the users had no way of knowing that they were risking their health and lives by using it.
I know government regulation can be a controversial topic (and I have no desire to start any kind of political thread!) but FDA regulations requiring sellers to list ingredients for cosmetic products is, as Martha Stewart would say, a Good Thing. |
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Sat Mar 17, 2007 8:37 am |
Thanks for the responses.
I now understand it is the law: you have to list ingredients. Even if you don't sell from a store.
No one wants to present the other side? I'd be interested. It's surely true some of us don't believe in all the laws/regulations that exist. Might make for a two sided discussion. Maybe some of us would learn from that.
Thoughts? |
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Sat Mar 17, 2007 9:39 am |
Hi Jakee,
I'm a bit confused as to why you want to hear from "the other side" on this. There is no other side--the FDA regulations are crystal clear. If you like, you can find them online on the Food and Drug Administration website.
If you are thinking about going into an at-home business, please consult an attorney before making a mistake that could cost you your business in fines. (I'm an attorney myself but I'm not providing specific advice to any individuals because I'm only licensed to practice in two states...What I've written here isn't intended to be legal advice but is just dissemination of public information.)
I realize that cosmetic regulations may seem a little complex or even unnecessary, but they really are for the benefit of the public. Perhaps another friendly etailer here could help you navigate your way through them. Hope this helps. |
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Sat Mar 17, 2007 9:43 am |
| Aren't there a couple of lines that forum users say do not list the ingredients? Are the lines just small enough that they are under the FDA radar? |
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Sat Mar 17, 2007 9:48 am |
| flitcraft wrote: |
Hi Jakee,
I'm a bit confused as to why you want to hear from "the other side" on this. There is no other side--the FDA regulations are crystal clear. If you like, you can find them online on the Food and Drug Administration website.
If you are thinking about going into an at-home business, please consult an attorney before making a mistake that could cost you your business in fines. (I'm an attorney myself but I'm not providing specific advice to any individuals because I'm only licensed to practice in two states...What I've written here isn't intended to be legal advice but is just dissemination of public information.)
I realize that cosmetic regulations may seem a little complex or even unnecessary, but they really are for the benefit of the public. Perhaps another friendly etailer here could help you navigate your way through them. Hope this helps. |
Hello,
Skin Active Scientific's owner do not list all ingredients as required. I wonder how does she get around from the regulation....  |
_________________
Simple but No Simplier...Approaching late 20s, Normal/Combination Skin, Rarely Breakout now but have some old acne marks, sunspots, & broken caps |
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Sat Mar 17, 2007 9:53 am |
Oh my, no I'm not at all in the cosmetic business!! At home or otherwise! I just found myself on another thread where folks were getting upset with me asking for an ingredients list, and I thought we could have an open discussion about the issue. Just trying to encourage both sides to speak up! I guess I like a good, honest discussion...
And I appreciate your thorough thoughts!
| flitcraft wrote: |
Hi Jakee,
I'm a bit confused as to why you want to hear from "the other side" on this. There is no other side--the FDA regulations are crystal clear. If you like, you can find them online on the Food and Drug Administration website.
If you are thinking about going into an at-home business, please consult an attorney before making a mistake that could cost you your business in fines. (I'm an attorney myself but I'm not providing specific advice to any individuals because I'm only licensed to practice in two states...What I've written here isn't intended to be legal advice but is just dissemination of public information.)
I realize that cosmetic regulations may seem a little complex or even unnecessary, but they really are for the benefit of the public. Perhaps another friendly etailer here could help you navigate your way through them. Hope this helps. |
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Sat Mar 17, 2007 10:07 am |
I'm just guessing, but I think it's probably because the gov't can't possibly police every small company out there. So there are some who either do not know the legal requirements, or they choose to ignore them - and they get away with it because the gov't isn't aware of their lack of labeling.
I don't know what the legal ramifications are if you are caught.
Even before I was a business-owner though, I was leery of companies who don't list ingredients. As someone else mentioned, what if you are allergic to something in the product? What if you have a reaction - and then can't pinpoint what is causing it because you don't know the ingredients? What if the company is using something not-so-good for the skin in their formulas? What if they're using more or less than the recommended amounts?
I can also see the other side now, as a business-owner. If I list all of my ingredients on my website, what's to stop people from looking at them & deciding to make it themselves rather than purchasing from me? No, they don't know the exact combo, but it's still like 'stealing' my formula. And it happens all the time. If I don't list ingredients on the site, then people say 'What does she have to hide?', LOL.
So to compromise, I list all ingredients on my labels, some on my website, and if someone emails me asking for the ingredient list, I give it to them. Sure, they can still 'copy' me, but at least I'm not in violation of any laws.  |
_________________
Handcrafted skincare products designed to make you feel pretty! http://www.ifeelprettyproducts.com |
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Sat Mar 17, 2007 10:09 am |
Wow, and I just found this from 2005 re: cosmetic safety testing:
http://www.ewg.org/issues/cosmetics/FDA_Warning/index.php
So the FDA requires listing, but no one tests them for safety.
A few quotes:
"Buyer beware. Surveys show that many consumers believe that companies are required to test personal care products for safety before they're sold. It's not the case."
"Consumer health in the hands of industry. Grossly underfunded and encumbered by a cosmetic safety law that renders the Agency nearly impotent, FDA's cosmetic office has no standing cosmetic review safety committee, cannot require testing of products or ingredients, cannot require companies to report injuries or even deaths from the use of their products, and cannot force companies to recall harmful products (FDA 1995)."
"Our 2004 survey of 2,300 people conducted with the Campaign for Safe Cosmetics shows that on average people use nine products a day with 126 unique ingredients. These exposures may add up to health problems, but neither industry nor the FDA is doing the work to define and reduce the risks. The products are untested; the risks are unknown." |
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Sat Mar 17, 2007 10:18 am |
Sorry, Jakee, I thought you might have been thinking about going into the business!!
As far as whether all etailers are in compliance with the law, there's no question that there are some that are not, for any number of reasons. Some might be intentionally withholding information (like the lightening creams that were using up to 65,000 times the legal limit for mercury) but most are probably unaware of the regulations. (Though, as you probably know, ignorance of the law is no excuse.)
The FDA is totally overwhelmed by the huge influx of new retailers in the cosmetic area, I suspect. Not long ago, it was hard to get into the cosmetics industry--you had to find the raw materials and packaging you needed, then find enough brick and mortar stores that would agree to stock your products, then figure out how to get consumers to know about your product and want to buy it. But, with the Internet, the barriers to entry in the business are vastly lower. Finding wholesalers of supplies is much easier online, you don't need any brick and mortar presence at all, and wonderful resources like this forum provide a way to get information about your products out to the consumer. What this means is that the number of providers of cosmetics has increased exponentially in the past ten years, including a lot tiny one-man/one-woman operations that would never have been viable only a few short years ago. On top of that, it's now possible to order cosmetics online from anywhere in the world, including many countries with lax or non-existent safety regulations.
Yet the FDA actually has fewer inspectors now than they did ten years ago. What this means is that, absent consumer complaints, etailers will probably get away with failure to comply with labeling regulations. Of course, if it were my business and my butt on the line, "probably" would not be good enough--I'd want to do the right thing and obey the law.
I use a fair number of skin products from etailers and I think the quality and customer service provided is almost always superb. But I personally would not use products that didn't label their products in accordance with the law. Too many possibilities for things to go wrong. YMMV however. I was amazed at the number of people who posted online to say that they were going to continue to use jiaoli cream for their hyperpigmentation even after lab tests revealed that it was full of toxic mercury! Since it worked, they said, they weren't going to give it up...Like I said, YMMV. |
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Sat Mar 17, 2007 10:23 am |
Sorry, it wasn't SAS that won't list full ingredient. Its Julie from Perfect Complexions. I hope I am not wrong again  |
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Simple but No Simplier...Approaching late 20s, Normal/Combination Skin, Rarely Breakout now but have some old acne marks, sunspots, & broken caps |
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Sat Mar 17, 2007 10:26 am |
Being in a similar boat as Kim, I know how angering/frustrating it is when someone blatently 'steals' my product idea. If it's something common no biggie, anyone can dupe that. But when it's a product you created on your own and then you see it being suddenly sold elsewhere it's maddening.
That being said, I don't feel that puts me above FDA regulations. Heck, look at what JM just went thru. Little companies like ours couldn't handle the fines I'm sure the FDA would impose. I don't think it's so much the 'little guys' are under the radar as it's more they haven't been brought to the attention of the FDA.
The easy answer? List your ingredients. Beyond the FDA I firmly believe consumers have a right to know what they are using. Period. Allergic reactions are a consideration but there are many out there that don't want to use product X or Y on their skin. Leaving them to guess from a long list that it may or may not be in there is wrong IMHO.
| kim@ifeelpretty wrote: |
I can also see the other side now, as a business-owner. If I list all of my ingredients on my website, what's to stop people from looking at them & deciding to make it themselves rather than purchasing from me? No, they don't know the exact combo, but it's still like 'stealing' my formula. And it happens all the time. If I don't list ingredients on the site, then people say 'What does she have to hide?', LOL.
So to compromise, I list all ingredients on my labels, some on my website, and if someone emails me asking for the ingredient list, I give it to them. Sure, they can still 'copy' me, but at least I'm not in violation of any laws. |
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Think for yourselves and let others enjoy the privilege to do so, too. ~ Voltaire www.Candessence.com |
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Sat Mar 17, 2007 12:08 pm |
kim@ifeelpretty said:
| Quote: |
| I can also see the other side now, as a business-owner. If I list all of my ingredients on my website, what's to stop people from looking at them & deciding to make it themselves rather than purchasing from me? No, they don't know the exact combo, but it's still like 'stealing' my formula. And it happens all the time. If I don't list ingredients on the site, then people say 'What does she have to hide?', LOL |
I know exactly how you feel Kim! I have had this happen to me very recently with two of my three little Silken Pearl products! 
It's terrible to find out that someone else has "stolen" your idea, done a bit of "tweaking" and then started selling it themselves without giving any credit whatsoever to the person who came up with the original formula!
That being said ... the law is the law ... and ingredients should be listed, even on websites. The consumer does have the right to know ... and wearing my consumer hat for a moment, I don't want to have to email the site owner every time I want to know what is or isn't in a product.
Just my thoughts ...
Mary |
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Over 50, combo, OCM. Originator of Pearl Paste ... www.silkenpearl.com |
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Sat Mar 17, 2007 12:20 pm |
| Quote: |
| I know exactly how you feel Kim! I have had this happen to me very recently with two of my three little Silken Pearl products! |
I think pearl products have been around for awhile - and there are 'big' companies who sell them, aren't there?
| Quote: |
| It's terrible to find out that someone else has "stolen" your idea, done a bit of "tweaking" and then started selling it themselves without giving any credit whatsoever to the person who came up with the original formula! |
I'm not sure how one would go about crediting every person/company who made the product before?
This is just my take on it - if I list the ingredients for a facial oil, and someone makes one using the exact same ingredients - then that is copying me. If they take that info, do research, use some of the same oils, and come up with their own formula - then that is not copying me - nor do they owe me any 'credit'. Obviously, I have no patent on a 'facial oil' nor can I stop someone from using ingredients that are readily available.
Another consideration is that as a small business owner, it's even more important to listen to the 'wants' of the customers. If enough of them ask 'can you make such-and-such' product, it is only prudent to look into making such a product.
When all of the companies who make gradual tanners started making them, I don't think they gave 'credit' to the first company who made them.
But as you say - those are just my thoughts... |
_________________
Handcrafted skincare products designed to make you feel pretty! http://www.ifeelprettyproducts.com |
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Sat Mar 17, 2007 12:59 pm |
| Quote: |
| I think pearl products have been around for awhile - and there are 'big' companies who sell them, aren't there? |
Why are you so defensive, Kim? I was merely agreeing with you! 
As you say ...
| Quote: |
| And it happens all the time |
Mary |
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Over 50, combo, OCM. Originator of Pearl Paste ... www.silkenpearl.com |
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Sat Mar 17, 2007 1:54 pm |
| Gosh, I'm sorry if I sounded defensive. My statement wasn't meant that way at all. |
_________________
Handcrafted skincare products designed to make you feel pretty! http://www.ifeelprettyproducts.com |
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