Cosmetic labeling can be a dimly lit rabbit hole of ifs, ands, and buts, particularly if skin care professionals are getting better acquainted with ingredients, product formulation, and regulatory language. In addition to the actual words on the label, there is a laundry list of ‘back of the house’ requirements to be taken into consideration long before the product takes its place on the spa’s shelf. Here are a handful of product display panel (PDP) and information panel (IP) basics to keep in mind, followed by 10 facts about labels some may not know.

PRODUCT DISPLAY PANEL AND INFORMATION PANEL BASICS
The principal display panel (PDP) is the outermost part of the label, most likely displayed or examined under customary conditions of display. It must be clear and easily read by the majority of consumers. The outermost container is commonly a box or wrapper that contains the inner (immediate) container. If there is no outer container, the PDP is placed on the immediate container holding the cosmetic product (a glass bottle for example).

The PDP includes: the product name; product identity, an easily understood descriptive statement that indicates the nature and use of the cosmetic product; a 740.10 warning if applicable, the safety of this product has not been determined; and the net quantity of product contents, product weight, measure, and/or numerical count.

The information panel includes: the directions for safe use; warnings, as needed; name and place of business, as well as the manufacturer, packer, or distributor; distributor statement – “Manufactured for” or “Distributed by…” if the distributor is not the direct manufacturer; warning and caution statements (“flammable”); and ingredient declaration – the declaration must be conspicuous, easy to read, no less than 1/16th of an inch in height, and unobscured by any additional packaging décor. If insufficient space is available for the declaration, it may appear on a firmly affixed tag, tape, or card.

INGREDIENT NAME
Use the name established by the commissioner as specified in §701.30, which is usually the International Nomenclature of Cosmetics Ingredients (INCI) name. In the absence of an INCI name, professionals may also use the name given in the United States Pharmacopeia, National Formulary, Food Chemical Codex, and United States Adopted Names (USAN) dictionary of drug names.

INGREDIENT LISTING
The ingredient declaration must be listed in descending order. The sole exceptions to this rule are active drug ingredients, such as benzoyl peroxide; ingredients with less than one percent concentration; and color additives. Concentration percentages are only necessary for active pharmaceutical ingredients (APIs), including salicylic acid, titanium dioxide, and zinc oxide.

CRITICAL MATERIAL FACTS
A failure to reveal material facts is a serious form of misleading labeling that makes the product misbranded. Failure to include the points bulleted above can lead to misbranding.

COSMETIC LABELS

1. Contrary to popular belief, United States law does not require cosmetic labels to procure Food and Drug Administration (FDA) approval prior to market introduction. The FDA does not have a list of approved or accepted claims for cosmetics; there are, however, limits that apply to cosmetic labeling claims. Claims must be truthful and not misleading, which unfortunately is the common case seen daily in statements that use words like “remove,” “heal,” “instant,” and “all-natural.”  Once a product is marketed with claims that promise to treat or prevent disease, the structure or function of the body, including the skin, the product is a drug and must comply with far stricter FDA standards. Is this ignored? Are the shelves filled with products promising the moon and stars? Of course. The FDA monitors cosmetics on the market and can and will take action against companies that break government laws. Additionally, while the market is extremely crowded and the process can be slow, the Federal Trade Commission regulates advertising claims including “cruelty-free,” “hypoallergenic,” “organic,” and “chemical-free.”
2. Fragrance is not always “fragrant.” Fragrance may be a mixture of ingredients that serve as a masking agent for the undesirable odor of another declaration ingredient. A masking agent present at an insignificant percentage may legally be omitted from the declaration.
3. Trade secrets are proprietary; meaning, a trade secret is the compilation of information held by a company that is proven only via submission to the FDA, who determines its scientific legitimacy.
4. A product or ingredient patent has zero connection to its efficacy.
5. Fragrance is called fragrance, regardless of the compounds used to produce it.
6. Ingredient names must match those found in the International Nomenclature of Cosmetic Ingredients, which contains over 16,000 ingredients recognized by United States, the European Union, China, Japan, and many other countries.
7. Ingredients above one percent need to be listed in order of concentration.
8. Ingredients that are one percent or below can be listed in any order.
9. Water is water. It is always listed as water.
10. The smallest font allowed on a label is 1/32 of an inch.

USEFUL COSMETIC LABEL COMPREHENSION ACRONYMS
API – Active Pharmaceutical Ingredients
FDA – Food and Drug Administration
FPLA – Fair Packaging and Labeling Act
FTC – Federal Trade Commission
INCI – International Nomenclature of Cosmetic Ingredients
IP – Information Panel
LOI – List of Ingredients
PCPC – Personal Care Products Council (formerly the CTFA)
PDP – Product Display Panel

Beth Kenerson is a licensed esthetician, professional skin care educator, and managing director of the Esthetician Success Lab™, an expert content development firm for the professional skin care industry. For over 15 years, Kenerson has worked with leading manufacturers, spas big and small, and trained colleagues at industry trade shows.