Aren't All Fragranced Soaps Cosmetics?

[shunt2011]

As I've stated before. I make unscented/uncolored soap and make a unscented colored soap every year or two. They usually contain GM. I don't sell a lot but I have them if someone wants them. It also amazes me how many people pick up the unscented (Naked) soap to smell it.

I evaluate my sales every year and fragrances that don't sell I discontinue. Except unscented. I keep it for those that like handmade soap but no fragrance.

 

[DeeAnna]

At least in the US, the intended purpose of the soap is as important as the fact that the soap is soap. In other words, are you labeling the soap as a way to fragrance or otherwise enhance the body or are you labeling the soap as soap that cleanses the body and also happens to have pretty colors and a nice scent? Per the US FDA from 2014:

"...To be regulated as soap, it must be labeled and marketed only for use as soap. If it is intended for purposes such as moisturizing the skin, making the user smell nice, or deodorizing the user’s body, it’s a cosmetic. Or, if the product is intended to treat or prevent disease, such as by killing germs, or treating skin conditions, such as acne or eczema, it’s a drug...." [emphasis mine]

I mean if you look at the literature, the use of soap also reduces the bacterial population of the skin, so it could be considered a drug if you wanted to take that view. But unless the soap is labeled as an antibacterial product, the soap is just soap.

edit: Another example is the pine tar soap I make. I do not claim, verbally or otherwise, that it will cure your psoriasis or whatever. (A drug claim) I never claim it changes or reduces your body odor, which the main reason why some of my DH's hunting buddies scrounge bars off him. (A cosmetic claim.) My claim about this soap is simple -- it's soap and it gets you clean. It happens to have pine tar in it to give the soap a smoky campfire scent, but the scent is incidental to the purpose of the soap. If someone thinks pine tar soap might have other benefits, that is up to them to decide.

 

[earlene]

Strange as it may seem, to me all unscented soap has a scent, but they don't all smell the same, either. I know the general discussion here is probably thinking about people with sensitivities or allergies to certain ingredients in fragrance oils or essential oils, but there are instances where the smell of some plain soaps with no added scent may be an issue as well. (For example, take a neem oil soap to which no fragrance is added. Or DeeAnna's pine tar soap example. And the oft-discussed lard soaps. Or in some cases pure olive oil soaps - some people can't stand the smell of olive oil soap.)

I think that for the person who is sensitive to odors (not necessarily FO's themselves) even plain unscented soaps might smell as if it is scented. Last year I gave some unscented soap to a lady who insisted that it had lavender fragrance added, when I knew it positively did not and had never even been stored near a lavender fragranced soap ever. But of course, I also have a family member who says, 'I don't do unscented' who won't even look at, touch or sniff a soap that I say it is unscented.

But to the original question, 'aren't all fragranced soaps considered cosmetics?' I wonder where the question is coming from. In re-reading the question, I suppose the OP is referring to 'intent' of the soapmaker. I suppose if the soapmaker's intent is to fragrance the body, then yes, I suppose it would be, but only if so labeled. But I don't think that is the intent of most experienced soapmakers because we know it is a rare soap that actually leaves a long-lasting fragrance on the skin. And even then, when it does happen, it doesn't happen to everyone, as mentioned in another thread, where the fragrance in the same soap left scent on the husband's skin, but not on the wife's (I'd link it, but can't find it now) and/or not everyone has a sensitive enough nose to smell it lingering on the skin. (Often my husband who smoked for decades can't smell things I can smell. Is my nose more sensitive because I am not a long-term smoker? Or is it just the way my nose is regardless? I don't really know, but I do know smoking does interfere with the sense of smell as do some drugs and other factors can as well.)

So, No, soap is not a cosmetic by the US FDA's standards simply based on added fragrance. Published claims about the soap is more to the point when the FDA determines how it should be categorized. Although there are cases where consumer perception might be included in the FDA's determination of whether a particular soap is considered a cosmetic (or a drug). https://www.fda.gov/cosmetics/guidanceregulation/lawsregulations/ucm074201.htm

 

[Primrose]

Agreed that 'Some' people can't use scents. Those people usually do not come to smell the soaps.
I don't remember where you are since it isn't in your avator. But you can buy unscented soaps in stores, maybe not Goats milk. You might even have to work extra hard to get those types of customers in, not talking about friends. Because they don't usually like all the scent that surrounds you when you get close.
As others said, when you sell, you don't want to haul around soap that doesn't sell well nor have it sit around a year.

I even have a couple scents that sold ok, but not well enough for me to keep making it.
Come February I will be going over what sold this year. Great sellers, Ok sellers, NON-sellers and they will be discounted and not made again.

Not arguing that should make soap that doesn't sell for you, that's clearly not a good business choice

But you asked what was the point in making it.

I am in Australia. But even if you can buy unscented soap in your location at the shops - then it's commercial soap which we all know is different to a nice handmade soap.

 

[Alfa_Lazcares]

Not arguing that should make soap that doesn't sell for you, that's clearly not a good business choice

But you asked what was the point in making it.

I am in Australia. But even if you can buy unscented soap in your location at the shops - then it's commercial soap which we all know is different to a nice handmade soap.

Yeah, i am In Mexico, and i have never seen comercial soap with no fragrance. True i never made it a point to look for it, but its not like you can get in to wallmart and buy one. I prefer scented soaps, because i dont like fhe smell of the oils once they become soap, but i do not want a soap that leaves my skin smelling like the fo for hours cause i use perfume for that!

 

[Primrose]

It depends too on the oils used in an unscented soap. I can tell the difference between my three unscented recipes by their different smell, but I don't mind them at all. I know other people don't like the unscented smell of lard, others don't like the unscented olive oil.

 

[cmzaha]

I always have a batch of uncented uncolored soaps. They may not sell well but they just get better and better, so when someone buys one I explain the primo soap they are getting. We only take four to six bars of the unscented, so it is no big deal to add them in with the 2-3 hundred soaps we haul to markets.

 

[JanelleTrebuna]

Soap isn't intended to scent the body, its intended to wash, thats all. A scented soap doesn't generally leave a scent on the skin after rinsing, if it does its faint and only for a short period.
Scent is just their to make the washing experience more pleasant. .

I'm so glad to read this. I was afraid I was doing something wrong. My soaps smell great while curing and when I sniff the bars, but the scents don't stay on my skin after the shower is over.

Janelle