The Federal Food, Drug, and Cosmetic Act (FD&C Act) defines cosmetics by their intended use, describing them as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body... for cleansing, beautifying, promoting attractiveness, or altering the appearance" (FD&C Act, Section 201(i)). Products covered by this definition include skin moisturizers, perfumes, lipsticks, nail polishes, eye and facial makeup, cleansing shampoos, permanent waves, hair dyes, and deodorants, as well as any substance intended for use as a cosmetic product ingredient. This definition does not include soap.
However, if a product has a therapeutic use, such as treating or preventing disease, or is intended to affect the structure or function of the body, then the product is a drug (FD&C Act, Section 201(g)), or in some cases a medical device (FD&C Act, Section 201(h)), even if it affects appearance. Other "personal care products" may be regulated as dietary supplements or consumer products.
The information provided here applies only to the regulation of cosmetics defined under the FD&C Act.
FAQ
- Under U.S. law, which products are 'cosmetics'?
- The FD&C Act defines cosmetics by intended use, describing them as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance" (Section 201(i)). Products covered include skin moisturizers, perfumes, lipsticks, nail polishes, eye and facial makeup, cleansing shampoos, permanent waves, hair dyes, and deodorants, as well as any substance intended for use as a cosmetic product ingredient. This definition does not include soap. However, if a product has a therapeutic use (treating or preventing disease, or affecting the structure or function of the body), it is a drug (Section 201(g)) or a medical device (Section 201(h)) even if it affects appearance.