Most of us use cosmetics everyday and we “know them when we see
them”. However, if I was to ask you whether you thought your toothpaste,
suntan lotion, lip balm or anti-dandruff shampoo were cosmetics, I
might get a range of opinions.
The Oxford English Dictionary defines cosmetics as:
The list above is a testament to the incredible variety of cosmetic products on the market. Unfortunately, this boon for consumers is a problem for legislators. Concerns about safety and fraudulent advertising claims saw increased regulation of cosmetics in the twentieth century, which required legislators to legal define them. Unfortunately, different regulators in different countries defined cosmetics in different ways.
See also: Ingredients Lists
A 2005 report produced in Australia as part of changes to its cosmetic regulations includes a good example of some of the consequences of definitional differences between jurisdictions. (Not all countries in the original chart have been included).
*Depends on the claims made for the product.
The new Australian regulations redefined the following products as cosmetics:
The changes in Australia are part of a general trend. Regulation is expensive both for governments and industry. Just as there has been a steady moment of drugs from ‘prescription only’ to ‘over the counter’ (OTC) and from pharmacy to supermarket, we can also expect some additional easing with cosmetics. The global nature of the cosmetic market will put increasing pressure on legislators not only to iron out differences between jurisdictions but also to relax regulations regarding the incorporation of other therapeutic agents into cosmetics.
We should not lose sight of the fact that one of the main reasons for the regulation of cosmetics is to ensure that the products you buy are safe. The twentieth century saw a number of examples of drugs being incorporated into cosmetics (e.g., face creams containing hormones) that were stopped through regulation. As before, we are seeing new materials being incorporated into cosmetics, particularly skin creams. Some of these products are testing current definitions and may result in further refinements in the line between cosmetics and drugs.
22nd August 2013
The Oxford English Dictionary defines cosmetics as:
A key point about the OED definition is that cosmetics are superficial rather than therapeutic agents. Cosmetics are not ‘over the counter’ (OTC) or prescription drugs or drug additives, their role is merely to improve your appearance. This seems straight forward until you look at the full range of products that might fit this definition.
- Having power to adorn, embellish or beautify (esp. the complexion).
- That affect appearance only; superficial; spec., intended merely to improve appearances.
(OED, 1991, p. 343)
- soaps and other body cleansing products;
- creams, lotions, face masks, powders and colours for the skin, eyes and lips;
- shampoos, lotions, oils, waving agents, fixatives, bleaches, dyes and dye removers for the hair;
- lotions, polishes and colours for the nails;
- hair removers;
- skin bleaching and skin tanning preparations;
- toothpastes and other oral care preparations;
- antiperspirants, deodorants and other personal hygiene products; and
- perfumes and other aromatic substances.
The list above is a testament to the incredible variety of cosmetic products on the market. Unfortunately, this boon for consumers is a problem for legislators. Concerns about safety and fraudulent advertising claims saw increased regulation of cosmetics in the twentieth century, which required legislators to legal define them. Unfortunately, different regulators in different countries defined cosmetics in different ways.
US definition “articles intended to be applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance without affecting the body’s structure or functions. Included in this definition are products such as skin creams, lotions, perfumes, lipsticks, fingernail polishes, eye and facial make-up preparations, shampoos, permanent waves, hair colors, toothpastes, deodorants, and any material intended for use as a component of a cosmetic product. Soap products consisting primarily of an alkali salt of fatty acid and making no label claim other than cleansing of the human body are not considered cosmetics under the law.”
EU definition “any substance or preparation intended to be placed in contact with the various external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.”Definitions are important as they draw a legal line between cosmetics and drugs, determine labelling requirements and other product standards and proscribe the types of claims manufacturers can make for their products.
See also: Ingredients Lists
A 2005 report produced in Australia as part of changes to its cosmetic regulations includes a good example of some of the consequences of definitional differences between jurisdictions. (Not all countries in the original chart have been included).
Table 1:
Comparison of how products identified for reform are regulated in different countries
| Australia | U.K./E.U. | United States | |
| Antiperspirants | Drug | Cosmetic | Drug and Cosmetic |
| Antidandruff Shampoos (mass market) | Drug | Cosmetic | Drug and Cosmetic |
| Moisturisers with Sunscreen | Drug | Cosmetic | Drug and Cosmetic |
| Antibacterial Skin Washes | Cosmetic (antibacterial cleanser). Drug (kills germs; antiseptic) | Cosmetic | Cosmetic if no antibacterial claims. Drug if antibacterial claims are made |
| Medicated Skin Cleansers (for acne) | Cosmetic (as a cleanser for acne-prone skin). Drug (treatment or control of acne) | Cosmetic | Cosmetic (as a cleanser for acne-prone skin). Drug (treatment or control of acne) |
| Mouthwashes | Drug or Cosmetic* | Cosmetic | Drug and Cosmetic* |
| Toothpastes (fluoride) | Drug | Cosmetic | Drug and Cosmetic |
The new Australian regulations redefined the following products as cosmetics:
- Antiperspirants.
- Antidandruff shampoos (unscheduled).
- Sunscreens with an SPF that is less than 4.
- Moisturisers with secondary sunscreen.
- Antibacterial skin washes.
- Anti-acne skin cleansers.
The changes in Australia are part of a general trend. Regulation is expensive both for governments and industry. Just as there has been a steady moment of drugs from ‘prescription only’ to ‘over the counter’ (OTC) and from pharmacy to supermarket, we can also expect some additional easing with cosmetics. The global nature of the cosmetic market will put increasing pressure on legislators not only to iron out differences between jurisdictions but also to relax regulations regarding the incorporation of other therapeutic agents into cosmetics.
We should not lose sight of the fact that one of the main reasons for the regulation of cosmetics is to ensure that the products you buy are safe. The twentieth century saw a number of examples of drugs being incorporated into cosmetics (e.g., face creams containing hormones) that were stopped through regulation. As before, we are seeing new materials being incorporated into cosmetics, particularly skin creams. Some of these products are testing current definitions and may result in further refinements in the line between cosmetics and drugs.
22nd August 2013
Sources
Commonwealth of Australia. (2005). Regulation of cosmetic chemicals: Final report and recommendations. Canberra: Author.
Winter R. (2005). A Consumers dictionary of cosmetic ingredients (6th. ed.). New York: Three Rivers Press.
