Why Are Cosmetics So Unregulated in the US?

Metier Law Firm
Mon, 10 Jul 2017 18:00:35 +0000
Safety Lawyer, product liability

You may be surprised to find out that hair and skincare products in the US are much more unregulated than they are in other parts of the developed world. Our country has thousands of regulations for almost every industry, but somehow the cosmetics industry seems to have slipped through the seams. The US Food & Drug Administration (FDA) bans 11 ingredients from usage, while Canada bans 587, the European Union bans 1,328.

This is a quote from the FDA’s website regarding cosmetics, “Under U.S. law, cosmetic products and ingredients, other than color additives, do not need FDA approval before they go on the market.” This is alarming, but product safety laws still apply to cosmetics when they are dangerous.

Examples of Cosmetics Liability Cases

Johnson & Johnson, a leading producer of talcum baby powder, was recently ordered by a court to pay $110.5 million to a Virginia woman after research linked use of the powder to an increased risk of ovarian cancer. Another recent case involving WEN hair products involves thousands of cases of scalp irritation and hair loss. According to democratic California Senator Dianne Feinstein, the laws regulating the cosmetics industry have not been update since 1938.

What Can I Do If I’m Injured by Cosmetics?

You can file a complaint with the FDA on their website, but the FDA does not have as much power to recall cosmetics products as it does in other industries. Cosmetics companies are not required to report issues to the FDA, which is why consumer complaints are very important to get these companies to start taking dangerous products off the shelves.

How Can I Get Coverage for My Injuries?

If you are using a product for its instructed use, and are experiencing side-effects, do not delay in trying to build a liability case. Document your side-effects, the products used, and for how long you have been using them. Having a product liability attorney will help get the amount of coverage you deserve for your injuries, not the minimum amount that a cosmetics company will likely offer.

To answer the question above, we do not know why cosmetics are so unregulated, but recent cases have made legislators bring this lack of regulation into question.