The global beauty industry is undergoing a transformation as consumers increasingly demand products that demonstrate transparency, ethical sourcing, and ingredient purity...
What products are considered “cosmetics” under the law?
2025-10-22
Federal Food, Drug, and Cosmetic Act (FD&C Act)The FD&C Act defines cosmetics by their intended use, describing them as "preparations intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body... to cleanse, beautify, enhance attractiveness, or alter the appearance" (FD&C Act, Section 201(i)). Products covered by this definition include skin moisturizers, perfumes, lipsticks, nail polishes, eye and face makeup, cleansing shampoos, permanent wave preparations, hair dyes, and deodorants, as well as any substance intended for use as an ingredient in a cosmetic. This definition does not include soap.
However, if a product has therapeutic uses, such as to treat or prevent disease, or is intended to affect the structure or function of the body, then the product is a drug (FD&C Act, Section 201(g)), or in some cases, a medical device (FD&C Act, Section 201(h)), even if it affects appearance. Other “personal care products” may be regulated as dietary supplements or consumer products.
The information provided here is only applicable toRegulation of cosmetics under the FD&C Act.