Cosmetic Industry in US is Poorly Regulated... is there Hope?

Written by Chloe Gray

How are beauty products being regulated? Is the cosmetic industry, one of the world’s largest economic superpowers, providing safe products for consumers? Here we are in 2021. In 2019, the US alone had a cosmetic market value worth $93.5 billion, $532 billion worldwide (Staff, 2020). With such a profitable industry, everyone wants to be a part of it. How easy is it to get a product on the market? Let’s take a look.

The last federal laws created for the regulation of the cosmetic industry in the United States was in 1938 and stated poisonous or deleterious substances or filthy, putried or decomposed substances were prohibited (Green, 2020). Despite fighting for change in law in the 1950’s, about 82 years have passed. Times have dramatically changed, but the law has stayed the same.

Additionally, the FDA, under the Food, Drug, and Cosmetic Act only regulates 11 ingredients in these products and requires the product not be tampered with, misbranded, and properly labeled under the Fair Packaging and Labeling Act. For comparison, the European Union has 1,600 or more banned ingredients and substances. Along with little ability to prevent other ingredients, the FDA has little regulatory power regarding safety. Except for color additives, these cosmetics do not need other ingredients reviewed before they are put out on the market.

The FDA’s lack of regulatory power is concerning. For example, review and approval from the FDA are not required to sell to the US market, nor are the manufacturers mandated to communicate adverse events. It is completely voluntary, especially for the companies selling directly to consumers. In some cases, the FDA does not know what ingredients are in the products. Additionally, inspections are uncommon, but when they do occur, the standards for the cosmetic facilities are nothing close to the standards for food and drug facility inspections.

After reading, keep in mind what cosmetics entail: makeup, moisturizers, hair dyes, permanent waves, straighteners, removers, perfumes, colognes, nail care products, and more. Will 11 ingredients partially regulated and a clear label really cut it? The government may be relying too much on consumer knowledge for their many everyday products.

There have been efforts to increase the FDA’s power and even change laws for the country but nothing has gone through. However, there may be hope. Lawmakers and organizations smaller than the federal government have been making changes. In 2020, California governor Gavin Newsom signed a ban of 24 carcinogenic chemicals to take place by 2025. Being that California is highly watched regarding their beauty and lux, change could trickle throughout the country. Drug and department stores have also been moving towards clean products, with some even removing obvious unclean ingredients from products (Green, 2020).

Though change is slow, maybe with recent actions taken by smaller entities, the federal government will change laws and consumers will be encouraged to learn products for themselves.

Green, Miranda. “New State Law Banning Toxic Chemicals in Cosmetics Will Transform Industry.” California Healthline, 19 Nov. 2020, californiahealthline. org/news/new-california-law-banning-toxic-chemicals-in-cosmetics-will-transform-industry/.

Staff. “Critical Legal Issues for the Cosmetics Industry: Interstate Commerce, Adulterated, and Misbranded - Cohen Healthcare Law Group: Healthcare Lawyers: FDA & FTC Law.” Cohen Healthcare Law Group | Healthcare Lawyers | FDA & FTC Law, Cohen Healthcare Law Group | Healthcare Lawyers | FDA & FTC Law, 25 Feb. 2020, cohenhealthcarelaw.com/2021/03/critical-legal-issues-for-the-cosmetics-industry-interstate-commerce-adulterated-and-misbranded/.