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:
- 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)
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.
- 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.
Would you regard all of these as cosmetics?
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 |
*Depends on the claims made for the product.
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.
This change reduced the regulation of these products in Australia as
well as the way they could be packaged and advertised. One consequence
of this change is that a number of products that have a known
physiological effect on the body are now considered cosmetics. In the
old regulations, deodorants, for example, which mask body odour with
perfume (i.e., affect appearance), were defined as cosmetics, whereas
antiperspirants, which inhibit perspiration (i.e., affect body
function), were classified as therapeutic agents. Both are now legally
cosmetics in Australia.
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.