Additional Cosmetic Law Focus 

Food Drug And Cosmetic Act (FDCA) & The Fair Packaging And Labeling Act (FPLA).

Although state and local laws exist regarding the sale of cosmetics, the most significant laws governing cosmetics sold in the U.S. are the Food Drug and Cosmetic Act (FDCA) and the Fair Packaging and Labeling Act (FPLA). The FDCA expressly prohibits i) the marketing of adulterated or misbranded cosmetics; and ii)  the marketing of cosmetics that are improperly labeled.  Food & Drug Administration (FDA), through the DPLA,  mandates that ingredient declaration be included on all cosmetics and, if required, specific warnings on those cosmetic products. 

Our Dallas attorneys can assist you in understanding the Food Drug and Cosmetic Act (FDCA) and the Fair Packaging and Labeling Act (FPLA), as well as help you manage your cosmetic business brand and legal compliance needs in the following areas:

• FDA compliance; 
• FPLA Compliance;
• FDA recalls and warnings;
• Consumer complaints;
• Product labeling and disclaimers;
• Product ingredient reviews;
• Importing and exporting product;
• Import Alerts; and
• Delay or detention of import shipments.

What Causes An FDA Detention?

An FDA detention occurs when products entering the U.S. are refused entry by either the U.S. Food & Drug Administration (FDA) or the US Customs and Border Patrol, acting on the FDA’s behalf. Detentions occur because the FDA has reason to believe that the products do not meet U.S. law and regulatory standards, such as the following:

• mislabeled or misbranded product;
• manufacturing concerns;
• processing or packing under unsanitary conditions;
• importing products that are forbidden for sale; and
• adulteration/contamination of products;

What Is The FDA Import Alert list?

The FDA’s Import Alert list is a list based upon the FDA’s belief that certain imported products are not in compliance with the law. Unfortunately, once a company or product is placed on the FDA’s Import Alter list, most future products imported from that company could be subject to automatic detainment without physical examination (DWPE) until the company can show that it meets safety and consumer standards.