In the early days of this blog, we covered the basics of cosmetics labeling, and FDA approval of cosmetics. Federal laws are a major component to accurate labeling and disclosure of ingredients, but many individual states have their own regulations as well. Ten years ago, in 2005, the California Safe Cosmetics Act came into law, and its requirements are governed and coordinated the California Department of Public Health (CDPH). When selling in California, your cosmetics business could be required to report to the CDPH all ingredients within your products that, according to CDPH, are known or suspected to cause cancer, birth defects, or other reproductive harm. CDPH is sensitive to the difficulties that small businesses may face with compliance and so read the conditions below to find out if you are required to report.
A company is required to report if all of the following conditions are met:
For the third condition, the definition of cosmetics is “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance” [FD&C Act, sec. 201(i)].
Protection of Trade Secrets After Reporting
After you report the ingredients within your products, this information will be posted publicly online in a searchable database, where anyone can search by product or brand name, or product type.
When doing this detailed reporting of the ingredients, some companies may fear the public disclosure of their trade secret ingredients. Unfortunately trade secret information is not exempt from reporting to the California Department of Public Health, however you can request protection of the information from the public eye if the following rules are followed:
1. The person submitting it:
2. The California Department of Public Health accepts the information in confidence upon review of the submitted factual data.
As with all blog posts from Law On The Runway, this just general information, not legal advice. Please contact an attorney to discuss your particular needs for reporting and labeling. To reach out to Law On The Runway with questions about this blog article, please email Rachel@lawontherunway.com