All cosmetic products marketed in the USA must comply with the Federal Food, Drug and Cosmetic Act (FD&C Act), the Fair Packaging and Labeling Act (FPLA) and the Food and Drug Administration (FDA). Adulterated or misbranded cosmetics cannot be distributed according to the FD&C Act (Cosmetic Handbook, 1992). Manufacturers are not required to test their products for safety though the FDA strongly encourages safety tests. If a claim cannot be adequately substantiated, the product may be considered misbranded. Manufacturers may put the following statement on their products to avoid misbranding: “warning-the safety of this product has not been determined” as per 21 CFR Part 740.10 (Cosmetic Handbook, 1992). Cosmetics sold to consumers must declare all ingredients in descending order of predominance on a visible label or a package insert. Warnings and directions for safe use must be conspicuous and prominent. These warnings and direction are required for aerosol products, feminine deodorant sprays, and children’s bubble bath as they may be harmful to a person’s health is used inappropriately. Products that require a tamper-resistant seal are liquid oral hygiene products and cosmetic vaginal products (Cosmetic Handbook, 1992).
The FDA acts as the law for cosmetic companies. If cosmetic companies are in violation of the regulations listed in the Cosmetic Handbook, the FDA has the right to stop manufacturing practices, seize adulterated products, misbranded product, initiate criminal action, or close a plant. According to the FD&C Action Section 704, cosmetic companies must have established procedures for manufacturing product, distribution, and packaging. Logistics becomes vital to a cosmetic company, as all products need to be traced back to the raw materials in the event of a recall or field notification. Cosmetic companies need to check their equipment and buildings on a regular basis and personnel must be adequately trained. All training