Tag:

beauty

The Regulation of Cosmetics in the U.S.: Where It’s Been and Now Is Headed

The cosmetics industry in the U.S. has fallen behind in safety regulations compared to its European counterparts. The European Union has banned roughly 1,300 different ingredients in personal care products while the U.S. has banned merely 11. The last major update to regulations in the U.S. was in 2022 with the Modernization of Cosmetics Regulation Act (MoCRA). However, there is still work that needs to be done to address the health and safety risks that the cosmetic industry poses. The “Safer Beauty Bill Package” is just one proposed regulation that would majorly alter how personal care products are regulated in the U.S.

The FDCA and Cosmetics Enforcement: Better Late than Never

In March 2019, the FDA issued a statement explaining that asbestos was found in certain cosmetic products sold at retail stores Claire’s and Justice. The Food, Drug, and Cosmetics Act (FDCA) has always granted the FDA similar authority to monitor cosmetic products for adulteration or misbranding as it does food. However, litigation in this area was notably silent. The FDA’s change in position on its authority is long overdue.

The Ugly Side of Beauty: How Under-Regulation of Cosmetics Harmed Consumers for Decades   

It is no secret that the beauty industry in America is frighteningly under-regulated. Cosmetics companies and beauty brands have managed to escape meaningful regulatory oversight for roughly a century and are largely left to self-regulate. In 2017, the global cosmetic products market was valued at $532 billion and is expected to reach a market value of $806 billion by 2023, registering a compound annual growth rate of 7.14%. Despite the colossal financial growth, regulatory shortcomings leave much to be desired by consumers. On the back of numerous harmful side-effects scandals and multi-million dollar class-action settlements, the FDA must grapple with renewed demand for cosmetics regulation as new beauty trends emerge.