Q: I've been making a bees wax hand cream at home which I would like to sell. What are the regulations in doing this?

A:The Food and Drug Administration regulates cosmetics, which they define as products that are for "cleansing, beautifying, promoting attractiveness or altering the appearance without affecting the body's structure or function."

That's a fairly broad stroke. Even water alters the body's appearance, so they seem to have cleverly worded the law to include nature in a bottle. It appears your product will be subject to the Food, Drug, and Cosmetic Act.

This doesn't mean you must seek FDA approval, but it does mean you need to stay within the limits of the Act. For instance, imported animal products and restricted dyes are forbidden, and the conditions under which your product is prepared and packaged must be sanitary.

You will also be required to follow the Fair Packaging and Labeling Act.  Your labels must include ingredients, quantity, your place of business, safe use instructions, and appropriate warnings for consumers. You can read all the juicy details in the Cosmetic Labeling Manual.

Of special concern is to avoid remarks which claim to "cure, mitigate, treat or prevent disease, or to affect the structure or any function of the human body." That is the definition of a drug. Drugs must be FDA approved.

For instance, asserting that your product cures arthritis is a no-no, but even the less obvious act of listing an "active ingredient" on your label makes the claim that your cosmetic product functions as a drug also.

Lastly, you should take steps to legally structure your business. This article will help you prepare: Making Your Business Legal.  

 

Source: http://www.homebiztools.com/questions/selling-cosmetics.htm