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Cosmetic Regulation in North America - USA & Canada

SpecialChem / Dr Annelie Struessmann – Oct 12, 2006

In the United States of America two laws are most important when pertaining to cosmetics being marketed: The Federal Food, Drug and Cosmetic Act (FD&C Act) & the Fair Packaging and Labeling Act (FPLA). The related Federal Government's executive department is the US Department of Human & Health Services (HHS)1 with the executive agency, the US Food and Drug Administration (FDA). The FDA is a consumer protection agency consisting of a countrywide team of public health employees. As authorized under the law, the FDA makes the decisions that consider the whole lifecycle of food, drugs & cosmetic products from pre-market development stages to post-market monitoring and surveillance of product safety & proper labeling. In the legal framework, cosmetics are defined as 'products, except soap, intended to be applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance'. The FDA further specifies3 the product categories. The key legal concept of the FD&C Act is based on the prohibition of 'marketing adulterated or misbranded cosmetics into interstate commerce'.

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