Ingredients of Cosmetics - Regulation

Regulation

Legislation varies from country to country but most countries have some sort of formal legislation that either restrict or prohibit certain ingredients or products. There are two main sources for cosmetics safety: the EU Cosmetics Directive 76/768/EEC and the Canadian Cosmetic Ingredient Hotlist.

A new version of the EU's Cosmetics Directive was adopted by the European Parliament, 24 March 2009. It namely includes new rules concerning the use of nanoparticles in cosmetics and includes stricter rules on animal testing of cosmetics.

Cosmetic colorants are highly regulated and also used as food dyes. Each country or group of countries has their own regulatory agency that controls what can go into cosmetics. In the United States, the regulating body is the Food and Drug Administration. Aside from color additives, cosmetic products and their ingredients are not subject to FDA regulation prior to their release into the market. It is only when a product is found to violate Federal Food, Drug, and Cosmetic Act (FD&C Act) and Fair Packaging and Labeling Act (FPLA) after its release that the FDA may start taking action against this violation. The FDA may request a recall if the company refuses to remove an unsafe product from the market, work with the Department of Justice to remove contaminated or misbranded products, request a restraining order to prevent further shipments of contaminated or misbranded products, and take action against the company violating the law. A company may use any ingredient, other than color additives and those ingredients banned from use in cosmetics through regulation, as long the completed product and its ingredients is safe, is properly labeled, and isn’t contaminated or misbranded under the FD&C Act and the FPLA. FDA can and does perform inspections.