How does the law define a cosmetic?
The Food, Drug, and Cosmetic Act(FD&C Act) defines cosmetics by their intended use, as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body...for cleansing, beautifying, promoting attractiveness, or altering the appearance" [FD&C Act, sec. 201(i)]. Among the products included in this definition are skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, shampoos, permanent waves, hair colors, toothpastes, and deodorants, as well as any material intended for use as a component of a cosmetic product.
How does the law define a drug?
The FD&C Act defines drugs by their intended use, as "(A) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease..and (B) articles (other than food) intended to affect the structure or any function of the body of man or other animals" [FD&C Act, sec. 201(g)(1)].
All cosmetic labels are required by law to have the following:
• You must identify the manufacturer or distributor (by name) of the product and have a way for the customer to reach them. Use company name, address and phone number.
• You must list the ingredients in the order that they appear in your formula. The ingredients must be identified by their botanical (INCI) name. A marketing description and use of the product is nice, as is the fragrance name, but it is not required unless the product use is not obvious or you are exporting to another country.
• The Department of Weights and Measures requires the actual weight of the product both in standard and metric to be disclosed on the label. Metric should be first to comply with EU requirements.
• Include any warning statements needed or required by law as with bubble baths or products containing AHA’s. IE: “Warning: Not for use in or around eyes.”
Packaging and labeling your products:
• Labeling varies between a clear stock and a white stock for the base label. White labels can come on a clear or semi opaque liner that the label machine can distinguish where a label starts and stops by using a laser. Basically the laser “eye” can be set to “look” for these breaks in opacity.
• A clear or frosted label stock needs to have an opaque liner material like craft or white to create the opacity for the “eye” to bounce off. An eye mark is needed on the back of the liner to create a virtual label that tells the eye to start and stop the machine so 1 label will come off at a time. Otherwise the machine will continue to apply multiple labels on the same container.
• It is always a good idea to UV-coat or varnish your labels if they will be shipped or handled with wet hands. Also, paper labels should be coated with a UV or similar coating to avoid “scuffing” of the label in transport. It is preferable for toiletries with paper labels to have coating to guard against smearing when in contact with moisture.
• Know what kind of environment your final product will be in. i.e. Bathroom, Counter top, Purse, Travel, etc. In most cases, it is best to design for the “bathroom” environment. In this case a poly material, as opposed to paper, is suitable with a permanent adhesive and a resistant UV type coating.
• Clear labels have a great shelf appeal and look professional yet they do have a few pitfalls. They are an excellent choice for the “seamless” effect like silk-screening. Unlike silk-screen though, any surface flaw in the bottle will show in the adhesive or in air bubbles. Dust, oils and fingerprints are all likely to cause poor adhesion to the bottle surface and for the most part can be avoided, the manufacturing of your bottle cannot though. Bottles are created from a cast or mold that is injected with the surface material, then cooled and so on. In this process, seams are created on either side (usually 180° apart). These are on almost all bottles, glass or plastic, and are not normally visible to the eye until a clear label is applied. The seam will run from the top to the bottom of the container. When your product is labeled in any quantity, there is a chance that a few of these seams will show up across the logo or text.
Regarding Label Scuffing and Waterproofing/Protecting
There are label materials available that are scuff resistant. They cost a bit, but they are available.
RippedSheets Carry a few variations
This is a product that is recommended by ONLINE Labels which can be purchased on line from MISTERART or found at your local kraft store. Waterproofing Label Spray - Krylon Preserve It, a weatherproof label spray, is great for adding an extra layer of durability to any label coming in contact with wet and humid conditions. It is perfect for shipping labels, product labels, water bottles, beer bottles, wine bottles and much more! Clear coating your labels for extra protection works perfect for labels printed by a laser printer, inkjet printer, fax machine, copy machine and other digital products.
Here are some more products that can be found at your local craft store
* Polyurethane
* Blair Color Gloss Plastic Coat
* Kamar Varnish - made by Krylon
* Spray Varnish - made by Delta
* Top Coat Spray (satin finish) - made by Delta
* Clear Acrylic Sealers (gloss) - made by Krylon
I hope this helps