# What's considered cosmetic



## Norden (Feb 18, 2014)

Been trying to find out if fragrances or colors ect. Ect. Would be considered cosmetic if I would sell them. I can't find much about it.

Sorry my husband wrote this.
I'm trying to find out about selling homemade soap in Florida.
We were reading the FDA requirements about homemade soap.
It states:




So the questions I have are
If I call it soap and sell it just as soap not saying anything more than it just cleans the body is that ok?
Can I add scents and colors to it?
Is the cold process soap I make the right kind the FDA calls soap?
It consists of lard, coconut oil and lye.
Do I have to put my ingredients?
Do I have to put my home address where I made the soap?
My email address?

Not in a hurry to start selling just want info because I'm interested in selling in the long run. Any info would help.
Thank you.


----------



## AnnaMarie (Feb 18, 2014)

I've been studying the FDA's guidelines lately, especially with the Safe Cosmetics Act. As I understand it: Soap for the purpose of cleansing is just soap and is NOT regulated by the FDA. As long as you don't make claims you can sell your soap as soap (colorants, fragrances and all). Soap is a combination of fatty acids and alkali salts. Yes, cp is soap is the "right kind". Yes, you do have to label ingredients, but aren't required to put sodium hydroxide. Yes, you do have to have the address of where it was manufactured on the label (there was a long thread about this in the last couple weeks you might want to look at). I don't recall about the email address, but it is a good idea. 
Someone else please feel free to chime in if I'm wrong or misinterpreted the regulations. I hope this helps!

 I should add there is a bit of a slippery slope here with regards to the intent of the soap. I just looked at the guidelines again and it uses the word "intent" regarding the soaps purpose. I'm sure people work around this one. For myself, I'm choosing to fall in line with soap as a cosmetic to be on the safe side.
Cheers!
Anna Marie


----------



## Norden (Feb 18, 2014)

Thank you so much. I've been reading a lot of the posts about selling soap but still had those questions.
Would I still have to have liability insurance just to sell soap? Just in case of a bad reaction or lawsuit?

I was just going to make it for a while and give it as gifts to family, friends and coworkers and see how they like it. I would of course test the soap on myself before ever giving it to someone else. 

Later on when I sell it do I need to pay taxes? Start a business? Name the business? Label them with business name/logo? Is there labeling requirements also?

What if I don't sell much, when does it need to pay taxes on it?


----------



## AnnaMarie (Feb 18, 2014)

I'm still in the new stages of business and have been only lightly selling. My plan when I hit the farmers markets is to join the Soap Makers Guild which includes business insurance (about $500 basic membership). As I understand it you don't have to have insurance, but I think most people recognize that it is wise to get it and some markets may require it. On the business questions: if you want to be legit then "yes" to everything . The FDA lists labeling requirements if you go with the soap as a cosmetic route. 
Cheers!
Anna Marie
-again, if I'm in error someone chime in


----------



## Norden (Feb 18, 2014)

If i add an exfoliates like salt or sugar. Would that meet fda approval is its labeled for just soap?


----------



## AnnaMarie (Feb 18, 2014)

I couldn't say for sure, but I have to think that one wouldn't fly as "purely soap"


----------



## new12soap (Feb 18, 2014)

Yes, CP soap meets the legal definition of soap. Yes, you can use scents and colors.

No, you are not required to list ingredients.

Yes, you are required to put the place of manufacture on the label, if that is your home you must use your home address. You are not required to put an email address, and that is not an acceptable substitute for home address.

You are not required to have insurance but IMO you would be foolish not to.

Yes, you will have to collect and pay sales taxes, and report your income. If you sell $1 worth of soap you have to report that to the state and pay sales tax. Period.

Whether you want to create a business name or a logo is completely up to you.

Your label must list the name of the item (what it is), it's purpose, the contents of the package or item (in the case of soap the weight), and the address of the place of manufacture.

ANYTHING other than soap that is used as soap is considered a cosmetic or a drug. If you list your soap as "moisturizing" it becomes a cosmetic. If you label your soap as "shaving soap" it becomes a cosmetic. If you advertise your soap as being good for acne or psoriasis, then it becomes a drug.

And just so you know, in the state of Florida it against the law to manufacture any cosmetic in your residence. You are required to have a licensed and inspected commercial location to manufacture any cosmetic item.

HTH

If you put salt or sugar in it and label it as soap, it's soap. If you label it as "exfoliating" it's a cosmetic.


----------



## Norden (Feb 18, 2014)

Thank you everyone so much for all your help and with so much detail


----------



## AnnaMarie (Feb 18, 2014)

Is it under the Consumer Product Safety Commission that you don't have to list ingredients?


----------



## new12soap (Feb 19, 2014)

Hmm... this thread looks different this morning... odd. (I think a mod or admin tidied it up?)

Soap is neither a cosmetic or a drug, but it does still fall under the Fair Packaging and Labeling Act (at least that is my understanding). There are some very specific reqirements all the way down to size of the print on which panel of the label, but it does not require that ingredients be listed. Again, that is strictly for soap, if yours falls under cosmetics or drug, or even a syndet bar, then you have to follow FDA guidelines and list ingredients.

http://www.ecfr.gov/cgi-bin/text-id...rgn=div5&view=text&node=16:1.0.1.5.62&idno=16

Oh, and just to clarify, you are specifically required to list the street address, city, state, and zip code _unless_ the full street address is listed in a local print directory, or unless the place of manufacture is different than your principal place of business (such as you have a retail shop where you spend most business hours, or if you are a huge company and your corporate offices are in a different place than your manufacturing plant like say Proctor & Gamble).


----------



## grayceworks (Feb 20, 2014)

Here's an explanation of how shaving soap fits in to the "soap" and the "cosmetics" categories of the FDA regs here in this book "The Cosmetic Industry: Scientific and Regulatory Foundations" 

http://goo.gl/HUcDl

It asserts that IF you make actual cosmetic claims about "bath soap" or "shaving soap" such as that it will DO something to or for your skin, then it falls under the voluntary cosmetic regs, otherwise, it's... soap. And just falls under the soap classification.  It gives the example of a lavender-scented soap being soap, but if you say that it will leave YOU smelling like lavender, it suddenly becomes cosmetic. 

It also points out that if these do fall under the cosmetic category, they are in the "voluntary" section, and not in the area where the FDA would be challenging the "soap" status. 

Reading further, it also goes into great detail on the FTC labeling requirements for soaps, even giving examples of how things should be worded. 

I am finding it very helpful in deciphering things as I start working on my future branding and labeling ideas.


----------



## new12soap (Feb 20, 2014)

Wow, that is really interesting, Grayce! I had no idea there was a "voluntary" cosmetics category.

I included the part about shaving soap being a cosmetic because the OP is located in Florida, and they consider it a cosmetic. If it is branded as shaving soap then its intended use is for shaving which is cosmetic, not just a soap for cleaning, and therefore cannot be produced in a residence.

:?

Florida is absolutely the weirdest state in the country when it comes to this stuff.


----------



## grayceworks (Feb 20, 2014)

Note to self - don't move to Florida. They have LOTS of crazy laws. Not just that one lol


----------

