How Makeup and Cosmetics are After Market Regulated
How makeup and cosmetics are regulated might surprise you. If you think your usage of a product has gone through stringent testing, think again. Your favorite anti-aging cream falls into the after market harmful proof model. Buyer Beware!
The regulatory requirements governing the sale of cosmetics are not as stringent as those that apply to other FDA-regulated products. Under the Federal Food, Drug, and Cosmetic (FD&C) Act, cosmetics and their ingredients are not required to undergo approval before they are sold to the public. Generally, FDA regulates these products after they have been released to the marketplace.
This means that manufacturers may use any ingredient or raw material, except for color additives and a few prohibited substances, to market a product without a government review or approval.
Although companies are not required to substantiate performance claims or conduct safety testing, if safety has not been substantiated, the product’s label must read “WARNING: The safety of this product has not been determined.”
FDA’s challenge comes in proving that a product is harmful under conditions of use or that it is improperly labeled. Only then can the agency take action to remove adulterated or misbranded products from the marketplace.
Essentially you are on your own for determining benefits.