First things first - is my product really a cosmetic under the law?
The FDA can only issue cosmetic export certificates for products whose intended use is solely cosmetic, this refers to products that are intended to cleanse the body or promote attractiveness.
Products that are intended to affect the structure or function of the body, or to have a therapeutic effect such as treating or preventing disease are, according to the Administration, drugs under U.S. law.
Many personal care products are actually drugs under U.S. law, such as products with claims of--
- Sun protection, including use of a sun protection factor (SPF)
- Prevention and treatment of dandruff and acne
- Hair restoration and growth
- Skin bleaching and lightening
- Skin and lip balm
- Collagen production
- Immune and circulatory system improvement
- Skin lesion healing
Meanwhile products marketed as 'soap' may be cosmetics or drugs regulated by FDA, or they may be consumer products regulated by the Consumer Product Safety Commission depending upon their composition and intended use.
For more information on which is regulated by what please see here.
