DSCSA Compliance is an important part of the cosmetic industry. It requires manufacturers to ensure their products meet certain standards before being sold to consumers. In fact, DSCSA compliance is now considered a legal requirement for cosmetics companies.
But does DSCSA compliance apply to the cosmetic industry? And if so, how should companies comply?
In this article, I will explain what DSCSA compliance is, why it applies to the cosmetic industry, and my final thoughts.
What is DSCSA Compliance?
DSCSA compliance is required by law in many countries around the world. The purpose of DSCSA compliance is to protect consumer health and safety when using personal care products such as makeup or skin-care products. This means that all ingredients used in these products must be safe for use on human beings. To achieve this goal, each ingredient must undergo rigorous testing before they are approved for sale.
However, not every country has adopted the same regulations regarding DSCSA compliance. For example, some countries have no laws requiring DSCSA compliance at all while others only allow limited regulation. Some countries also do not consider DSCSA compliance mandatory until after a company makes more than $1 million per year.
Another reason is that DSCSA compliance helps prevent counterfeiters from selling unsafe products. Counterfeiters often sell fake versions of popular brands without following proper manufacturing procedures.
What Is Cosmetic Safety Standard Act?
The Cosmetics Safety Standards Act was passed in 1938 by Congress as Title III of The Federal Food, Drug, & Cosmetic Act. This act required that all cosmetics be registered with the FDA prior to marketing. However, due to the complexity of registering cosmetics, only about 10% were actually registered at the time. Therefore, the law also established the Consumer Product Safety Commission which would regulate cosmetics under its jurisdiction.
This act has been amended several times since then but remains largely intact today. Today, the CPSC regulates cosmetics through two laws: the Cosmetics Act and the Personal Care Products Council Act.
Both acts require that any product containing ingredients or substances must undergo testing to determine whether they are safe for use on human skin. If these tests show that there may be some risk associated with using the ingredient/substance, the company must provide information regarding the potential risks to the consumer.
Companies must also disclose when they have changed the composition of their product. These changes include new formulations, different packaging materials, or even changing the name of the product.
Does DSCSA Compliance Applicable To The Cosmetic Industry?
As mentioned above, the Cosmetics Act requires that every cosmetic manufacturer register their products with the FDA. But because many people don’t realize that cosmetics fall within the scope of the FDA, most companies do not bother to register their products. However, the Cosmetics Act states that
“Any person who manufactures, packages, labels, advertises, distributes, sells, offers for sale, imports into commerce, exports from commerce, holds for distribution, displays for advertising purposes, or otherwise introduces into interstate commerce, any personal care product shall obtain registration…before such introduction into interstate commerce.”
Therefore, anyone involved in manufacturing, distributing, selling, offering for sale, importing into commerce, exporting from commerce, delivering for shipment, shipping, receiving for transportation, holding for distribution, displaying for advertising purposes, or introducing into interstate commerce any personal care product must first register their product with the FDA. Failure to do so could result in fines up to $1 million per violation!
It should come as no surprise that a lot of manufacturers choose not to comply with this regulation. Many believe it is too costly and burdensome to register each individual item sold. Others simply think that if they can get away with it, why shouldn’t they?
Unfortunately, those who ignore regulations like this one run the risk of being fined millions of dollars. In addition, consumers will likely receive substandard products that pose health hazards. As you can see, complying with the DSCSA isn’t just good business practice; it’s essential to protecting your customers and ensuring quality products.
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