Cosmetics, including skin moisturizers, makeup, nail polish, shampoos, hair color, and deodorants, are predominantly regulated by the Food and Drug Administration (FDA).[1] For those in the cosmetics industry, the Consumer Products Safety Commission (CPSC or Commission) may be of little concern. However, social media is potentially altering the regulatory landscape.
Specifically, as cosmetics companies partner with social media “beauty influencers” to market their products, they are arguably advertising to increasingly younger consumers, including children and “tweens”—groups that are a main focus of CPSC regulation. This marketing strategy gives rise to potential new issues and questions, including whether products could be considered “children’s products” subject to further regulation and heightened scrutiny from the Commission. As of now, the CPSC regulates a few areas relevant to the cosmetics industry.
For example, the CPSC maintains jurisdiction over child-resistant packaging requirements under the Poison Prevention Packaging Act (PPPA). Thus, if certain cosmetics products contain any hazardous substances, those products must comply with the PPPA and are subject to oversight from the CPSC. The CSPC also maintains jurisdiction over other product packaging issues and products relevant to the larger beauty industry (e.
g., a hair drier that poses a shock hazard to consumers). As cosmetics companies target younger audiences and expand their offerings beyond p.
