Distinguishing Soap Recipes on Etsy

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Hello!

I have a question about what I can and cannot do to describe my soap while selling (mostly on Etsy).

I have formulated a few different recipes: one for winter/dry skin, one that is more cleansing, one that is well balanced, and one that is for sensitive skin. I am not sure how to get this point across on etsy though. I know making cosmetic claims is a big no no for soap, so is there a way to get around that?

My initial idea was to name each one ("Recipe 1" etc), and then in my shop information describe the uses/benefits of each recipe (Recipe 1 is a high moisturizing bar, great for dry skin and winter months), but I wasn't sure if that is allowed. I was wondering if I could possible get around this by making creative names for each recipe, instead of just numerical (although for some reason I like the numerical better), something like long cold winter soap, dirty hands scrubbing soap, etc...

I guess I'm not sure at what point it is considered a cosmetic claim versus just the function of the soap.

Any tips or ideas would be greatly appreciated? Thank you!
 
It is okay to make cosmetic claims on Etsy such as moisturizing or formulated for dry skin, oily skin, etc. You just cannot make any medical claims so using any name for a medical condition (dry or oily skin is not a medical condition) like acne, eczema and such will get your products removed. The labeling requirements for soap vs. cosmetics vs. drugs are not an etsy issue - just what is allowed to be sold there is what they will be concerned with.
 
It is okay to make cosmetic claims on Etsy such as moisturizing or formulated for dry skin, oily skin, etc. You just cannot make any medical claims so using any name for a medical condition (dry or oily skin is not a medical condition) like acne, eczema and such will get your products removed. The labeling requirements for soap vs. cosmetics vs. drugs are not an etsy issue - just what is allowed to be sold there is what they will be concerned with.

Pressing the big red button here to sound the warning alarm! :thumbdown:

Etsy might not have any issue with it, but if you are making claims about it being moisturising then the FDA will certainly be interested, regardless of where you are selling it.

Just because a shop-front website is okay with it, does not make it okay
 
From another post I made on the subject
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http://www.fda.gov/Cosmetics/ProductandIngredientSafety/ProductInformation/ucm115449.htm

4th paragraph -

"If a cosmetic claim is made on the label of a "true" soap or cleanser, such as moisturizing or deodorizing, the product must meet all FDA requirements for a cosmetic, and the label must list all ingredients. If a drug claim is made on a cleanser or soap, such as antibacterial, antiperspirant, or anti acne, the product is a drug, and the label must list all active ingredients, as is required for all drug products."
--------------------------------------------------------

I didn't find anything in there about products on etsy being exempt............................
 
You're misunderstanding what I am saying. I am not referring to the difference between soap and cosmetic - I fully understand that a product that is called anything other than "soap" or claims anything other than cleansing is considered either a cosmetic or a drug and you must follow the labeling laws for such products. The question asked was regarding selling such products on Etsy. Etsy could care less about your labeling and expect that their sellers follow the legal requirements for what they are selling. They are only concerned with their TOS and the TOS state you cannot make medical claims (which are different than cosmetic claims). Please understand that cosmetic claims and medical claims are not the same thing. Once you make a medical claim (treats acne, cures eczema) you are selling a drug - that is where you really need to watch out for the FDA (not that you can bypass the labeling requirements for cosmetics).

Cosmetics can be sold on Etsy - drugs (anything making a medical claim) cannot.
 
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The question was asked about "..............selling (mostly on Etsy). " so is not just based on the Etsy ToS.

Having read the FDA regs in that link many times, I do understand the difference. Do you? The FDA is something to watch out for when selling a cosmetic and not just drugs. Soap becomes a cosmetic when you say it moisturises.

I found your post to be rather misleading - it was clear that you were just talking about Etsy, but the OP was not. As you say, Etsy assume that you meet the regs for a cosmetic claim, but that was what the OP was looking for and so clearly is not in a position to make those claims on Etsy until they sort out the FDA requirements.
 
Again, there are different distinctions between a cosmetic and a drug. There are only labeling requirements for a cosmetic, but testing requirements for drugs in order to prove the drug claims being made. When you are selling your products you need to know what you are selling (soap, cosmetic or drug) and follow the applicable laws for labeling and marketing. Saying something is moisturizing or formulated for a particular skin type is not making a medical claim and one must follow the laws for labeling cosmetics. This goes for promotion too. Even if you label does not state a cosmetic or drug claims, you cannot market it as such if the label does not correspond to the class of product. I think you are getting caught up between labeling laws and selling products. You package and market your products following the FDA laws. When you go to sell, then you ALSO have to take into consideration the terms of the venue (such as Etsy's term that products making MEDICAL claims cannot be sold there).

I do not understand why you are arguing with me. We seem to be on the same page with the fact that there are different labeling and marketing requirements for products based on whether they are soaps, cosmetics or drugs so what is the issue? How the question was phrased had to do how to describe the soap - the labeling laws are the same no matter what. If you describe you soap as a cosmetic, then follow the laws for cosmetics. I expanded my answer regarding Etsy as they have the specific term regarding not selling products making medical claims and the question specifically mentioned selling on Etsy as an example (the title of the thread is " Distinguishing Soap Recipes on Etsy"). Other venues may not have the same restriction so it is good to be aware of it.
 
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Lauren in answer to your question. If you are prepared to label your soap as a cosmetic then you can use terms like moisturizing, conditioning, if you don't want to do the proper ingredient listing then you can't make any claims other than it will clean your skin.
 
If you want to steer clear of cosmetic labeling, I think you could use subjective terms such as "feels" or "appears". But I could be wrong. It happens frequently :)
 
Lauren in answer to your question. If you are prepared to label your soap as a cosmetic then you can use terms like moisturizing, conditioning, if you don't want to do the proper ingredient listing then you can't make any claims other than it will clean your skin.


Thank you! If I wanted to label it as a cosmetic I would just have to use the proper INCI for each ingredient on my label? Or is there more to it and that is just one part? I haven't really looked much into it, but if it's nothing too complicated it might be worth it.
 
Thank you! If I wanted to label it as a cosmetic I would just have to use the proper INCI for each ingredient on my label? Or is there more to it and that is just one part? I haven't really looked much into it, but if it's nothing too complicated it might be worth it.


From what I understand if you want to label it as to say it does this and that besides clean, then you will have to get testing done with the FDA. I don't think it is worth it though to go through that or press the issue of making claims. If you have a quality product then it will speak for itself.

I have a girl I sold my lotion sticks to and she said they have been wonderful to her this winter on her dry elbows. Great, but that won't make me change my description on my products on Etsy that they will do this.
 
FGOriold, I think you're also misunderstanding me - and I think we leave it there as I see your comments as potentially misleading in the information and you don't.

OP - the link in post # 5 to the FDA website will let you know what you need to do if you want to make a cosmetic claim regarding with a soap.
 
No you don' have to get approval from the FDA - Lauren you just have to label with the INCI names. It really is that simple.
 
No you don' have to get approval from the FDA - Lauren you just have to label with the INCI names. It really is that simple.

At the risk of putting many noses out of joint today, please please PLEASE do read this

http://www.fda.gov/Cosmetics/CosmeticLabelingLabelClaims/CosmeticLabelingManual/ucm126444.htm

If you are selling something that is classed as a cosmetic, there is a wee bit more than just INCI names. There is no requirement for registration and testing, as Lindy said, although the point about testing being required when using colours was left out. But as you can see in the link, what the FDA requires on the label is not as simple as INCI.

There is, as an example, this little gem -
-------------------------------
Cosmetics With Unsubstantiated Safety
Warning--The safety of this product has not been determined.

21 CFR 740.10

A cosmetic is considered misbranded if its safety has not adequately been substantiated, and it does not bear the following conspicuous statement on the PDP:

Warning - The safety of this product has not been determined.

---------------------------

So, with just INCI ingredients and a cosmetic claim but no warning, a product is not correctly labeled in the eyes of the FDA.

The regulations don't seem to be too arduous, which is a very good thing. But that does not lower their importance.
 
Efficacious Gentleman, I am certainly not trying to pick a fight here as I very much respect your opinions as a fellow soap maker, but I admit that you have me confused as well. Having read the FDA requirements carefully through a couple of times it is clear that soap can be sold as a cosmetic as long as you have proper labeling (this is what I fall under because I want to make claims of "moisturizing"). It's only when you make medical claims that you need to really start worrying, and most of us soap makers don't go there because we can't afford to. Soap makers in the U.S. have a choice whether to go strictly as "soap" or as a "cosmetic" with little consequence other than labeling and who's monitoring you. I operate as a soap maker under the FDA's guidelines, and I follow their guidelines even putting a not safety tested warning statement on my soap. As FGOriold pointed out, you both seem to be arguing the same point. I'm not clearly distinguishing your point. Again, not trying to pick a fight :)
Cheers!
Anna Marie
 
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We're on the same page, AnnaMarie - but as you say, you are in line with the FDA as you do have more than just INCI listings, you have the warning and so on.

With with the drugs/cosmetics issue, there were posts were suggesting that as it was okay with Etsy to make the claims, it was okay. It left out the fact that there is proper labeling required, which I felt was misleading. As well as the suggestion that it is not overly important to worry about the FDA when making cosmetic claims, which is also misleading. Sure, the requirements are less with a cosmetic claim than a drug claim, but you still have to follow them
 
So if I understand you correctly, your point was the lack of emphasis on proper labeling as a cosmetic?
 

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