From the FDA website:
Possibility #4
If I make it using HP, add the shea as a constituent fat, and then saponify (but have made it with superfat so that leftover shea is present) and label it as soap, I've again made a product that falls outside the regulatory framework.
Actually, in this case, as long as you list it as "soap" it still falls under the regulation of soap and not a cosmetic. And as long as you dont call it moisturizing, you can still add the shea superfat after the cook and it will still be "soap" This is because the definition of soap is that the "bulk of the nonvolatile product consists of alkali salts of fatty acids" that's why liquid soap is still soap, even though it is mostly water because water is a volatile component of the product. You only find that out if you read the full wording of the law. Not just the summary.
" 1) The bulk of the nonvolatile matter in the product consists of an alkali salt of fatty acids and the detergent properties of the article are due to the alkali-fatty acid compounds; and
2)The product is labeled, sold, and represented only as soap.
(b) Products intended for cleansing the human body and which are not “soap” as set out in paragraph (a) of this section are “cosmetics,” and accordingly they are subject to the requirements of the act and the regulations thereunder. For example, such a product in bar form is subject to the requirement, among others, that it shall bear a label containing an accurate statement of the weight of the bar in avoirdupois pounds and ounces, this statement to be prominently and conspicuously displayed so as to be likely to be read under the customary conditions of purchase and use.
That is the full definition. What's odd that I didnt notice before is that it says soap should be labeled as soap and have the net wt. Interesting. I label all of my soaps anyway though so...
