Tag:

Food Drug and Cosmetics Act

Modern Marketing v. FDA Enforcement: The Unregulated Frontier of Trendy Skincare and Digital Labeling

“Slugging”, “glass skin”, and “mineral mixing”, oh my! These are just a few of the current trends present in the skincare scene today. With the boom of social media advertising, non-professionals posting advice to TikTok, and companies’ budgets for trendy skincare campaigns in the millions, where do we draw the line between FDA-regulated skincare and “digital labeling” in this new generation of cosmetic advertising?

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.