Have you ever wondered if your cosmetic product, while making someone look fantastic, might accidentally fall under the watchful eye of a different regulatory body? It’s a great question, and one that often surprises many in the beauty industry! If you’re a manager or executive in a manufacturing or trading company responsible for product safety and compliance, then this summary of an insightful article is definitely for you.
Cassandra Stern’s article, “Q&A: What Cosmetics Brands Need to Know About CPSC Oversight in 2025,” featuring insights from Erik Swanholt, Mikaela Mitcham, and Kristin McGaver Sikora of Foley & Lardner, LLP, sheds light on a crucial area of compliance that many cosmetics companies might overlook: the U.S. Consumer Product Safety Commission (CPSC). While the Food and Drug Administration (FDA) is typically top of mind for cosmetics, the CPSC plays a significant role, particularly concerning product packaging and classification. Understanding this is key to avoiding costly recalls and maintaining market access.
Packaging perfection: A CPSC must-have
The CPSC has a keen interest in product packaging, and this includes cosmetics. Imagine a scenario where a perfectly good cosmetic product is sold in packaging with a sharp edge that cuts a consumer, or an aerosol can where the top unexpectedly flies off. These aren’t just minor annoyances; they are serious safety hazards that must be reported to the CPSC under Section 15 of the Consumer Product Safety Act (CPSA). Such issues can, and often do, lead to product recalls.
Beyond general safety, the CPSC also enforces the Poison Prevention Packaging Act (PPPA). This act aims to protect children from accidental ingestion of hazardous substances, and many of these substances can be found in cosmetic products. If your product contains certain “toxic” or “harmful” ingredients, it must be sold in “special packaging” that is significantly difficult for children under five to open. If your packaging doesn’t meet these requirements, it’s another situation that needs to be reported to the CPSC and will likely result in a recall.
It’s also worth noting that many cosmetics companies offer complementary beauty products, such as blow dryers or face rollers. These items are clearly “consumer products” under the CPSA, meaning any safety concerns with them fall squarely under CPSC jurisdiction.
Influencer marketing and the “children’s product” puzzle
Here’s a twist for you: Did you know that your adult cosmetic product could be inadvertently reclassified as a “children’s product” by the CPSC? This is particularly relevant with the rise of social media marketing and influencer partnerships.
The CPSC defines a “children’s product” as one designed or intended primarily for children 12 years old or younger. While a fun, brightly coloured packaging with cartoonish logos might not automatically qualify your product as a children’s item, combining that with a marketing campaign featuring an influencer whose audience is largely teens, tweens, and children could tip the scales. The CPSC looks at factors like how the product is advertised and promoted. So, if your marketing efforts on platforms like TikTok or Instagram primarily reach a young audience, it could draw the CPSC’s attention and potentially lead to your adult cosmetic being treated as a children’s product, with all the additional compliance requirements that entails.
Steps to safeguard your products and avoid EU market denial
So, what practical steps can your company take to proactively assess packaging for CPSC compliance and ensure you avoid being denied access to markets, including the EU, due to non-compliance?
Firstly, focus on your supply chain hygiene. This means thoroughly vetting potential suppliers before you engage with them. Conduct reference checks, research their systems and controls, and perform a comprehensive risk analysis. Your supplier agreements should be robust, clearly outlining expectations and requiring certifications of compliance and the sharing of relevant test results and product formulas. You can no longer just source products without question. Regularly monitor and audit supplier performance throughout your relationship to reduce long-term risk.
Secondly, understand your reporting duties. If you are an importer, distributor, or retailer, you have a duty to report to the CPSC under Section 15 of the CPSA. Don’t mistakenly believe that if you didn’t manufacture the product, you’re off the hook. Unless you have written confirmation that the CPSC has already been adequately informed by the manufacturer, you must “immediately” report any information that reasonably suggests the product fails to comply with safety rules, contains a defect that could create a substantial product hazard, or presents an unreasonable risk of serious injury or death. For domestic importers or retailers of products from foreign manufacturers, this means you can be held responsible for any product safety issues or defects.
By taking these proactive steps, you can significantly reduce your risk of non-compliance and ensure your products meet the necessary safety requirements, keeping your market access clear and your consumers safe.
Are you ready to review your current compliance strategies and ensure your products are fully prepared for CPSC oversight? Let’s walk this path together.
Source: https://www.cosmeticsdesign.com
