Running head: THE UNITED STATES COSMETIC INDUSTRY

The United States Cosmetic Industry

Amanda B. Santillan

The University of Texas at El Paso

November 21, 2017

THE UNITED STATES COSMETIC INDUSTRY

Abstract

This research paper will evaluate the cosmetic industry of two countries. The United States and

United Kingdoms cosmetic industry have been investigated to obtain crucial information

regarding the structure of each industry. Regulations are provided for both countries and focus

on the main regulations each industry contains. The main ingredients of the U.S are provided

along with health risks correlations. The U.K ingredients are mentioned briefly to prove the

security and safety of each cosmetic product that is featured on the shelves of the market. Both

cosmetic industries are being compared to prove the regulation levels of cosmetic products in

both countries. After evaluating the evidence, one can decide on the solution to the question of

policy. The question of policy states: Should the United States adopt regulations implemented in

the United Kingdom? Research suggests, that the United Kingdom does indeed have a higher

regulated industry than that of the United States, and ensures complete safety of the use of

cosmetic products.

Keywords: cosmetic industry, U.S, U.K, regulations, ingredients

Introduction

The United States cosmetic industry has been producing products since the early 20th

century, and is now considered the most valuable cosmetic market in the world generating

approximately 84 billion U.S dollars in revenue in 2016 (Duncan, 2016).

THE UNITED STATES COSMETIC INDUSTRY

Regulations

What products are considered cosmetic? A cosmetic product does not only limit itself to

makeup, but also includes personal care items (shampoo, toothpaste, deodorant, lotion, perfume)

that individuals use every day. Considering this fact, one can believe that the Unite States

personal care industry is constantly being regulated and being modified as new products hit the

shelf, but how is the U.S cosmetic industry being regulated? The cosmetic industry is regulated

by the U.S Food and Drug Administration that enforces laws enacted by Congress and issues

regulations, as authorized by Congress, to implement its statutory authority (Center for Food

Safety and Applied Nutrition, 2017).

There are currently only 3 regulations that are taken place in todays cosmetic industry. The

Federal Food, Drug, and Cosmetic Act (FD&C ACT) is a set of laws that grants authority to the

FDA to oversee the safety of cosmetics as well as foods and drugs. The FD&C act also prohibits

the marketing of adulterated or misbranded cosmetics in interstate commerce authority (Center

for Food Safety and Applied Nutrition, 2017). Adulterated cosmetics refers to ingredients,

contaminants, processing, packaging, or shipping and handling that has violated product
THE UNITED STATES COSMETIC INDUSTRY

composition. Violation of product composition involves poisonous substances, the packaging of

products in insanitary conditions, or filthy decomposed substance present in the product. This

law was passed by congress in 1938 and hasnt since been changed allowing the FDA to

continue their regulations. The second regulation taken into place is the Fair Packaging and

Labeling act (FPLA), which enables consumers to correct information regarding the quantity of

the contents of their product. The FPLA requires a list of ingredients for cosmetics marketed on a

retail basis (Center for Food Safety and Applied Nutrition, 2017). The last regulation taken into

place is the Microbead-Free Waters Act of 2015, which prohibits manufactures to include the use

of plastic microbeads into cosmetic products, due to the disruption of aquatic life. As one can

note this act has been the only new regulation implemented in the cosmetic industry, with the

FD&C Act being implemented since 1938 and the Fair Packaging and Labeling Act being

implemented since 1968, these two regulations have not yet been modified since their start date.

Ingredients

Although the FPLA require manufactures to provide an ingredient list to the FDA,

cosmetic products and ingredients do not need FDA premarket approval, with the exception of

color additives (Center for Food Safety and Applied Nutrition, 2017). Companies and

individuals who manufacture or market cosmetics have a legal responsibility to ensure the safety

of their products. Neither the law nor FDA regulations require specific tests to demonstrate the

safety of individual products or ingredients. The law also does not require cosmetic companies to

share their safety information with the FDA (Center for Food Safety and Applied Nutrition,

2017). The FDA also does not have the authority to recall a product, one must get in contact with

the manufacturing company to attempt a removal of a dangerous product in the market. The FDA

does not require manufactures to register their product formula nor their cosmetic
THE UNITED STATES COSMETIC INDUSTRY

establishments. Furthermore, no registration number is required to import cosmetics into the

United States (Center for Food Safety and Applied Nutrition, 2017)

The understanding that the U.S cosmetic industry is lightly regulated, results in the

uncertainty of cosmetic safety. Research suggests that ingredients included in our cosmetic

products is related to the increase of health risks. The most common ingredients one can find in

each of their cosmetic products includes: sulfates, fragrance formaldehyde, phthalates, and

parabens. Sulfates also labeled as sodium lauerth sulfate or sodium lauryl sulfate is used to create

suds in products. This ingredient can be found in cleansers, shampoos, and bubble baths. Sulfates

are commonly used in the U.S due to their inexpensive price and effectiveness at cutting through

oil. Sulfates are known to cause skin rashes, scalp scabs, and canker sores (Debacker, 2015.

Fragrances are widely found in cosmetic products, even those of which are labeled

unscented. Fragrance is used to add scent to products and also helps mask the smell of chemicals.

Fragrances are made up of hundreds of chemicals, that result in hormone disruption, skin

allergies, and phthalates linked to sperm damage and asthma. This occurs because fragrance can

be ingested, inhaled, and absorbed through the skin (Debacker, 2015).

Parabens are most always found in cosmetic products, due to their inexpensive price and

effectiveness to increase the longevity of a product. To manufacturers this is a crucial ingredient

that must be added to their products to ensure customer satisfaction. Although this ingredient

may sound helpful, this ingredient can be absorbed through the skin, blood and digestive system,

and have been linked to endocrine disruption, developmental disorders, reproductive allergies,

and immunotoxicity (Debacker, 2015).

Triclosan is an ingredient used to kill germs. This ingredient contains antibacterial,

antimicrobial, antiviral, and antifungal properties. This ingredient can be found in toothpaste,
THE UNITED STATES COSMETIC INDUSTRY

mouthwash, cleansers, deodorants, and soaps. Triclosan causes skin irritants and begins to

accumulates in our bodies. The Centers for Disease Control and Prevention have identified

triclosan in the urine of nearly 75 percent of people tested (Debacker, 2015). Triclosan leads to

hormone disruption and antibiotic resistance.

The ingredients previously described are only the most common ingredients found in

cosmetic products, and does not include the numerous chemical ingredients that pose a threat to

human health. One can conclude that, the United States cosmetic industry is under regulated

causing the increase of health problems and the uncertainty of safe cosmetic products.

U.Ks cosmetic industry

The United Kingdom is known to have a highly regulated cosmetic industry. The United

Kingdom cosmetics is governed by the EU Cosmetics Regulation ((EC) (The Laws). The U.K

has implemented a series of amendments that act as cosmetic regulations. There are currently 25

amendments that ensure the safety of their cosmetic products. Every new product must undergo a

full safety assessment before it is allowed on the shelves, and the manufacturer or supplier of the

cosmetic product is responsible for ensuring it is safe, and each cosmetic must be assessed for

safety by a duly qualified safety assessor before it is made available to the public (Regulating

the safety of cosmetics).

The EU cosmetics regulation has authority of controlling what can be added to cosmetic

products. The cosmetic regulations contains a list of over 6,000 ingredients that can be featured

in cosmetic products and also those ingredients that are prohibited of use. If a substance does not

appear in the banned or restricted list then it is permissible in cosmetic products provided the

manufacturer has the appropriate safety data to ensure the ingredient and the final product is safe

(Regulating the safety of cosmetics).

THE UNITED STATES COSMETIC INDUSTRY

Conclusion

As one can see, the United States cosmetic industry is lightly regulated compared to that

of the United Kingdom. Ingredients used to formulate products in the U.S should be monitored

closely to ensure safe use of cosmetic products.

Regulations such as product safety assessments and pre-market approvals that are non exsistent

in the U.S cosmetic industry. Although not all 25 amendments were mentioned, many can agree

that the United States should adopt similar regulations from the U.K, and be implemented in the

U.S considering the fact that the UK has banned more than 1,000 chemicals and the U.S has only

banned 10 (Study Highlights the Beauty Industry's Ugly Side; Cosmetics, personal care products

get little regulatory scrutin, 2017).

THE UNITED STATES COSMETIC INDUSTRY

Citations

Center for Food Safety and Applied Nutrition. (n.d.). Guidance & Regulation. Retrieved October
26,2017, from https://www.fda.gov/Cosmetics/GuidanceRegulation/default.htm

Confidence in Cosmetics . (n.d.). Retrieved October 26, 2017, from

http://m.thefactsabout.co.uk/confidence-in-cosmetics/content/128#safety

DEBACKER, G. (2015). 5 Beauty Ingredients to Avoid. Mother Earth Living, 3(2), 34-37.

Study Highlights the Beauty Industry's Ugly Side; Cosmetics, personal care products get little
regulatory scrutiny. (2017, June 26). Consumer Health News. Retrieved from http://0-
go.galegroup.com.lib.utep.edu/ps/i.do?p=HRCA&sw=w&u=txshracd2603&v=2.1&it=r&id=GA
LE%7CA497035262&sid=ebsco&asid=4745a739a75f42af0f2f4db42db965b9

The laws. (n.d.). Retrieved November 21, 2017, from

http://www.ctpa.org.uk/content.aspx?pageid=303