The legal distinction in the United States between a cosmetic and a drug 1 1
Author:
Peter Barton Hutt a
| Affiliation: | a Covington & Burling, Washington, D.C., U.S.A. |
DOI:
10.1081/CUS-120001858
Publication Frequency:
4 issues per year
Formats available:
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(English)
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(English)
Previously published as:
Journal of Toxicology: Cutaneous and Ocular Toxicology
(0731-3829)
until 2005
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Abstract
The Federal Food, Drug, and Cosmetic Act (FD&C Act) establishes substantially different regulatory requirements in the United States for cosmetics and drugs. This chapter traces the history of U.S. regulatory policy for these two categories of products, discusses the application of U.S. law to products that fall within both categories at the same time (i.e., cosmetic drugs3), and considers potential strategies for resolving the long-standing concern that the drug provisions of the Act impose overly stringent requirements on cosmetic drugs.
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*Reprinted from “Cosmeceuticals” Drugs vs. Cosmetics; Elsner, P., Maibach, H.I., Eds.; Marcel Dekker, Inc.: New York, 2000; 223–240.
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†The term cosmeceutical has no legal or regulatory meaning and no other accepted definition, and therefore is not used in this chapter.
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