Safe Skin Care - Cosmetic Safety
By Al J. Spicoli

There are two federal laws pertaining to cosmetic safety, including safe skin care, in the United States: the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act.

In this article, we will look at both acts and discover what they control, how they control, and why the consumer should be concerned. The conclusion will leave you surprised to learn that the burden of cosmetic safety, in the end, will rest on you, the consumer, to decide what is and what is not safe for you and your children to use daily.

First up is the FD&C Act. This law prohibits the marketing of mis-branded cosmetics in interstate commerce. Violations due to product ingredients cause cosmetics to be subject to regulatory action. To enforce the law, Congress authorizes an agency, in this case the FDA, to police the regulations, but only as authorized under the law. The problem is this. Under the law the FDA's legal authority over cosmetics is different than its legal authority over drugs and medical devices that are subject to pre-market approval. Cosmetics are not subject to pre-market approval, with one exception, color additives. If cosmetic products are not subject to pre-market approval, one must ask how effective the FD&C Act really is in protecting the consumer? It would appear the proverbial cow can leave the barn before the door is closed, that is, the products can reach the market and be consumed without the consumer being aware of whether these presumably safe cosmetics products are, in fact, safe.

One might ask then, who is responsible for the safety of cosmetic products? The answer, believe it or not, is the cosmetic companies themselves are held responsible for the safety of their own products, including the ingredients. And, unless this warning statement appears prominently on the label, "Warning-- The safety of this product has not been determined." (21 CFR 740.10), the product can be distributed and will not be considered to be mis-branded, leaving the decision to buy or not to buy solely up to the consumer. Therefore, generally speaking, other than color additives, a cosmetic manufacturer can use any ingredient it so desires provided it determines the product to be safe. Again, with no one really watching, it leaves discretion as to what is safe cosmetics, or safe skin care, totally up to the cosmetic company. Even recalls of products are voluntary actions and up to the manufacturer and/or distributor.

Couple the above with the following statistic: of the 10,500 chemicals used in the manufacture of cosmetic products, only 11% have been screened safety tested.

Now let's look at the Fair Packaging and Labeling Act. Although it reads "improperly labeled or deceptively packaged products are considered mis-branded and subject to regulatory action", the process is cumbersome, at best, and the FDA takes regulatory action based on agency priorities, and these must be consistent with health concerns and available resources. The agency must use the federal court system and pursue action through the Department of Justice. Once again, it appears the Cosmetic Industry, generally speaking, can police itself as to what it places on its packaging and labels.

Does the FDA test cosmetic products before distribution. The answer is no. The agency does not function as a private testing lab, and to avoid conflict of interest, does not even recommend private labs where product and ingredient analysis can be performed to address safety concerns.

Lastly, do cosmetic manufacturers register with the FDA? The answer again is no. Cosmetic manufacturers are not required to register their companies with the FDA. However, what is most disturbing, is that cosmetic establishments are not even required to register the ingredients used in the manufacture of their products, nor are they expected to file consumer complaints with the FDA. The registration process is completely voluntary.

The bottom line is simply that the law is really not going to protect the consumer against using products with ingredients that have proven to be dangerous to one's health. Safe cosmetics and safe skin care, in the end, is the consumer's responsibility, and to do that, the consumer must make themselves aware of those products that have been determined to be toxic, and, if used daily, can have a cumulative negative effect on one's health.

For more intelligence on safe skin care products and cosmetic safety, visit [http://www.organicskincareanswers.com].

The site was created and is maintained by someone with over 35 years of experience in the Cosmetic Industry, AJ Spicoli.

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