It is hard to peruse the cosmetics aisle without seeing all sorts of labels advertising more green and sustainable products. “All Natural” shampoo will sell the customer on its use of “pure” ingredients and “natural” fruit essence. Chapstick advertises its “sustainable” beeswax and “fair-trade” coffee extract. But the buzzword with the most connotations for the consumer rests with “organic.” The consumer is familiar with how this term is used on food product labels and assumes that “organic” implicates certain regulations. And when faced with two lipsticks, one holding itself out to be organic, the consumer might be swayed by the supposedly healthier option.[4]
But what’s in a label? FDA’s regulations for cosmetic labels are set out in the Fair Packaging and Labeling Act (FPLA).[5] The parts of FPLA applicable to cosmetics ensure that cosmetics are not “misbranded.” Most often a label is considered “misbranded” when it is not properly displayed, is misleading, or fails to provide required information. Noticeably missing from FPLA requirements are standards about using “organic” on labels.
The only regulations concerning the use of “organic” on a cosmetics label apply when the product advertises itself as either “USDA organic” or “certified organic.”[6] Because USDA regulates these terms, the authority shifts to a combined effort between USDA and FDA. Therefore cosmetics that claim to be “certified organic” must comply with both USDA regulations for the “organic” claim and FDA regulations for labeling and safety requirements for cosmetics. If a product does not claim to be “certified organic” or “USDA organic” it is outside the scope of USDA’s authority. Further complications occur when cosmetics advertise the presence of USDA organic ingredients, because the authority of USDA only extends to regulating whether the ingredient is organic and not the cosmetic as a whole. This allows cosmetics to use somewhat misleading labels their product with the USDA seal and creates confusion for the consumer.
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[4] Especially knowing that certain cosmetics such as lipstick are often ingested. http://ehp.niehs.nih.gov/1205518/
