For most of us, cosmetic products are heavily integrated into our daily lives. From morning to night, we may use a number of cosmetics for everything from hydrating our skin to straightening our hair. What most consumers don’t realize is that those products are not FDA-approved.
Although cosmetics are regulated by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act (FD&C Act), cosmetic companies are not required to undergo product testing or report product safety ratings.
The lack of government-mandated testing opens the door for unsafe products to hit the market and arrive in the hands of consumers. Unsafe cosmetics can endanger the health and wellbeing of consumers across the country and potentially lead to life-altering consequences or medical emergencies.
Even though the FDA likes to believe that cosmetic companies will uphold their values and morals by only manufacturing and selling safe products, the reality is they can release whatever they want when they want. While there are laws that prohibit companies from selling harmful products or releasing products that are mislabeled, these companies are not required to safety test their products before selling them.
What Does the FDA Consider a Cosmetic Product?
According to the FD&C Act, cosmetics are defined as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.”
Examples of cosmetic products include:
- Skin moisturizers
- Shampoos
- Conditioners
- Deodorants
- Lotions and creams
- Nail polish
- Hair color
- Perfumes and colognes
- Makeup (i.e., lipstick, eyeshadow, concealer, foundation, etc.)
- Tattoos and permanent makeup
- Face paints and temporary tattoos
- Hair removal creams and shaving products
- Baby lotions and oils
Can the FDA Order a Product Recall of a Hazardous Cosmetic?
The FDA does not have the authority to issue product recalls — only the manufacturer or distributor can do that. However, the FDA can identify a safety concern with a cosmetic product and release a safety advisory to consumers alerting them of the potential dangers. Unfortunately, this falls far short of removing the product from the market, especially since many purchasers won’t see the warning.
Product recalls are issued voluntarily by a product manufacturer or distributor to remove the hazardous product from shelves and initiate a discussion with retailers on how to inform purchasers of the recall. A recall is often the only effective way to protect consumers from potentially harmful ingredients or known side effects caused by a defective cosmetic(s) that is already in circulation.
Can a Cosmetic Company Have Their Products Reviewed Voluntarily?
Although it is not a requirement, some cosmetic companies may decide to have their products tested for safety through a voluntary procedure called the Cosmetic Ingredient Review (CIR). Since it is overseen by the cosmetic industry itself, some may question the validity of this process.
Cosmetic companies can also register their product(s) with the FDA on a voluntary basis through the Voluntary Cosmetic Registration Program (VCRP). By doing this, they are simply adding their product(s) to the FDA’s database for tracking cosmetic products that are being commercially distributed across the United States.
How Can You Tell if a Cosmetic Product Could Be Defective or Unsafe?
If you believe you may be experiencing a negative reaction or problem with a cosmetic product, the FDA recommends you cease using the product immediately. Contact your healthcare provider and report the issue to the FDA.
Signs you may be having a reaction to a defective or dangerous cosmetic product may include:
- Rash
- Redness
- Burning sensations
- Hair loss
- Headache
- Infection
- Illness
- Any other unusual symptoms after using the product
Signs that a cosmetic product may be defective or dangerous include:
- Bad smell or peculiar odor
- Abnormal color
- Other sign(s) of contamination
- Foreign material(s) in the product
Have You Experienced Damaging Side Effects After Using a Cosmetic? Contact Our Houston Product Liability Attorneys for Legal Support
Product liability is a complex civil tort doctrine that requires the attention of an injury attorney who has experience representing Houston-based individuals and families injured by defective products.
Even though the FDA does not actively test every cosmetic product that goes on the market, manufacturers must be held accountable for releasing harmful products. The product liability attorneys at the Weycer Law Firm are committed to helping victims of defective products receive the compensation they need to get back on their feet.
Contact us at (713) 668-4545 to discuss your situation and find out if you have a case.
