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If you're like most women, you likely believe that, like the drugs in your medicine chest, the cosmetics on your bathroom vanity were scrutinized under an equally watchful eye of the FDA. And at first glance, this seems to be the case.
But unlike drug manufacturers who must prove their products are both safe and effective before being marketed, cosmetic firms have no such regulatory obligation under the federal Food, Drug and Cosmetic Act.
"The act does not subject cosmetics to premarket approval," says FDA spokeswoman Stephanie Kwisnek. In addition, the companies are not required to substantiate performance claims or conduct safety testing. What it does require of companies is that cosmetics be "safe when used as directed in the labeling or under usual customary conditions of use."
The bottom line: Unless a lipstick or a jar of cream causes the kind of public health issues raised by tainted lettuce or spinach, is improperly labeled, or is harmful if used as directed, the FDA is pretty much out of the beauty picture.
Bailey says the cosmetic industry uses a self-policing system that works, including the Cosmetic Ingredient Review board. Funded by the CTFA, this inter-industry organization scrutinizes cosmetic ingredients from a safety perspective and publishes their results in peer-reviewed journals. Bailey says it's one reason why there is such a relatively low level of consumer complaints about beauty products.
Malkan, however, says it's a little like asking the fox to guard the henhouse. "The bottom line is they don't have to answer to anyone but themselves," she says.
