The regulations framed under the FDA are quite similar to other countries but there are certain unique features. Though one of the FDA's functions is to regulate the Cosmetic Industry, it gives more emphasis on the regulation of food and drugs. For drugs that are manufactured in the US, prior to their release into the market, they will require the necessary certification from the FDA. However, because personal care products are not considered to be food or drugs, they require no prior certification by the FDA or any other governing body before they are introduced into the marketplace. In fact, the FDA relies solely on the discretion of the cosmetic companies to determine the safety of products marketed to consumers. If the cosmetic company says their new product is safe, it is allowed to go to market without any pre-market testing. Therefore, in effect, cosmetic regulation is left up to the cosmetic companies and thus, is a self-regulating industry.
The following are direct quotes from the FDA website:
"Cosmetic products and ingredients are not subject to FDA pre-market approval authority, with the exception of color additives."
"Cosmetic firms are responsible for substantiating the safety of their products and ingredients before marketing."
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