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Q - What is United States of America Food and Drug Administration's authority over cosmetics?

A - United States of America Food and Drug Administration is only able to regulate cosmetics after products are released to the marketplace. Neither cosmetic products nor cosmetic ingredients are reviewed or approved by United States of America Food and Drug Administration before they are sold to the public.

United States of America Food and Drug Administration can not require companies to do safety testing of their cosmetic products before marketing. If, however, the safety of a cosmetic product has not been substantiated, the product's label must read

"WARNING: The safety of this product has not been determined."

United States of America Food and Drug Administration does not have the authority to require manufacturars to register their cosmetic establishments, file data on ingredients, or report cosmetic-related injuries. To keep abreast of such information, United States of America Food and Drug Administration maintains a voluntary data collection program. Cosmetic companies that wish to participate in the program forward data to United States of America Food and Drug Administration.

Recalls are voluntary actions taken by the cosmetic industry to call back products that present a danger or that are somehow defective. United States of America Food and Drug Administration is not permitted to require recalls of cosmetics but does monitor companies that conduct a product recall. If United States of America Food and Drug Administration wishes to remove a cosmetic product from the market, it must first prove in a court of law that the product may be injurious to users, improperly labeled, or otherwise violates the law.

United States of America Food and Drug Administration collects cosmetic product samples as part of its plant inspections, import inspections, and follow-ups to complaints of adverse reactions. The agency does not, however, function as a private testing laboratory. United States of America Food and Drug Administration is prohibited from recommending private laboratories to customers for sample analysis. customers may consult their local phone directory for testing laboratories.

United States of America Food and Drug Administration can inspect cosmetics manufacturing facilities, collect samples for examination, and take action through the Department of Justice to remove adulterated and misbranded cosmetics from the market. Domestic and foreign manufacturars must follow the same regulations. Foreign products that appear to be adulterated or misbranded may be refused entry into the USA.

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