With the start
of a new year often comes the start of new projects for those in the candle,
soap and cosmetics industry. With these new projects often come a large number
of questions with regards to labeling and other requirements. I thought this
would be a good time to go over these again so that they are fresh in everyone’s
minds in the New Year!
Let
me start by saying that no labeling will substitute for good insurance, nor
will creating a corporation or an LLC. Product Liability Insurance is a must
for people that are selling their product to protect themselves against the
high cost of a potential lawsuit. While insurance is not normally needed and
very few people are ever sued, why take chances, right? There are many professional
organizations like The Handcrafted Soap Makers Guild who offer insurance for
their members. Many homeowner’s policies will also cover it. Remember when
looking you don’t just need General Liability but also Product Liability. With
that out of the way, let’s get talking labels!
When
you are making candles, room sprays, incense and melts your labeling will be
required to place certain information on the labels to be sure the consumer
knows what they are buying. This information can be found here:
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-packaging-labeling-act
which says:
Rule
Summary:
The
Fair Packaging and Labeling Act (FPLA or Act), enacted in 1967, directs the
Federal Trade Commission and the Food and Drug Administration to issue
regulations requiring that all "consumer commodities" be labeled to
disclose net contents, identity of commodity, and name and place of business of
the product's manufacturer, packer, or distributor. The Act authorizes
additional regulations where necessary to prevent consumer deception (or to
facilitate value comparisons) with respect to descriptions of ingredients,
slack fill of packages, use of "cents-off" or lower price labeling,
or characterization of package sizes. The Office of Weights and Measures of the
National Institute of Standards and Technology, U.S. Department of Commerce, is
authorized to promote to the greatest practicable extent uniformity in State and
Federal regulation of the labeling of consumer commodities.
Basic
Requirements: The FPLA requires each package of household "consumer
commodities" that is included in the coverage of the FPLA to bear a label
on which there is:
- a statement identifying the
commodity, e.g., detergent, sponges, etc.;
- the name and place of business
of the manufacturer, packer, or distributor;
- and the net quantity of
contents in terms of weight, measure, or numerical count (measurement must
be in both metric and inch/pound units).
Purpose
of the Act: The FPLA is designed to facilitate value comparisons and to prevent
unfair or deceptive packaging and labeling of many household "consumer
commodities."
FDA:
The Food and Drug Administration (FDA) administers the FPLA with respect to
foods, drugs, cosmetics, and medical devices. The FTC administers the FPLA with
respect to other "consumer commodities" that are consumed or expended
in the household. Many products that are exempt from the FPLA nevertheless fall
within the purview of the Weights and Measures laws of the individual states.
Be sure to always check your states
website to determine their specific rules regarding weights and measures. Basically it states that the FTC
requires any product manufacturer of a consumable product (something that is
used) to list on their label exactly how
much product the package contains. This
needs to be listed by either unit of measure or by
weight or volume, depending
on the product. Here are a few examples of random products from my house.
Cat treats: NET WT. 3 OZ (85g)
Screen Cleaner: NET WT. 4 Fl. Oz. (118ml)
Cleaning Wipes: 80 Wipes 6 x 6.5 in. (15.24 x 16.51 cm)
The cat treats are listed by the weight
of the product. The screen cleaner spray is listed by liquid (fluid) volume, which is specified by listing the
ounces as "fluid" ounces. The wipes are listed as the total number of
how many units are in the
package, also including the size of each unit.
For a candle, everything is done by weight, so you would want to list the
contents of your 
candle by weight in ounces and then include the weight in
grams in parentheses after it, just like on the cat treats example. Don't
forget to deduct the weight of the jar or container itself, you only want to list
the contents of the actual consumable product inside the container!
If you have a digital scale with a tare feature, it is really easy.
You must also list your company name and contact info on the label. Here is
exactly what the regulation says:
(1)
The commodity shall bear a label specifying the identity of the commodity and
the name and place of business of the manufacturer, packer, or distributor;
(2) The net quantity of contents (in terms of
weight or mass, measure, or numerical count) shall be separately and accurately
stated in a uniform location upon the principal display panel of that label,
using the most appropriate units of both the customary inch/pound system of
measure, as provided in paragraph (3) of this subsection, and, except as
provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI
metric system;
So if you private label your products
for others, the labels could list the name and place of business of the
distributor instead. Or if for example, say you just produced the candles but
sent them out to another company to be packaged in boxes and labeled... then
the packager/distributor could put their company info on the label instead of
yours.
The best way to get examples of how to do your labels is to look at some from
some of the large candle companies, like Yankee. I dug thru my candle box and
found a few name brands to give you examples.
McCall's Country Canning lists theirs on the bottom, on their caution label. It
says 16 oz. Classic Jar Candle. Burn Time 110 - 130 hrs.
Pilgrims Primitives lists theirs on the caution label also. It says
"Approximate Net Wt. 3.75 oz."
L'Occitane lists theirs right on the label on the top of the tin. It says
"100 g- Net Wt 3.5 OZ". Then on the bottom caution label it states
"Around 20 hours of soft fragrancing for the home."
I also found a pillar candle made by Claire's Garden and it lists the size of
the pillar instead of the weight. It says 4" x 4" Burns up to 90
hours.
If you have any questions please read over that FTC link thoroughly, and you
can also try contacting them with any questions you're unsure of: https://www.ftc.gov/contact
With
cosmetics, the rules are a bit different. ALL cosmetics must be properly
labeled per the FDA. The FDA is regulated by Center for Food Safety and
Applied Nutrition (CFSAN). CFSAN is responsible for assuring that not only are
all cosmetics are safe but also that they are properly labeled. Being
a small business does not exempt you from the same rules as the big boys.
If
you are making Cold Process Soap (or hot process, true liquid soap but in
general those made only using a lye solution and fats) you are exempt from
product labeling through FDA guidelines but I would still recommend it for
peace of mind. What if you used peanut oil and a customer with a peanut allergy
used that product? Exactly! Soap labeling which is governed by the CPSC, the
Consumer Product Safety Commission:
http://www.cpsc.gov/
Over the years there has been a lot of debate in the world of hand crafted
soaps and cosmetics. Melt & Pour soaps typically are considered a cosmetic
as they are made using chemical surfactant ingredients and are not considered
true soap. I received confirmation on what IS needed on a soap label and what
truly defines it as soap directly from the CPSC. This is copied and pasted from
a response they emailed to me:
The Consumer Product Safety Commission (CPSC)
regulates true soaps that are made primarily of fats and alkalis and that are
manufactured for consumer use. The CPSC has no specific labeling requirements
for such soaps. However, if the product meets the definition of a hazardous
substance, under the Federal Hazardous Substances Act (FHSA) it may require
cautionary labeling as specified under the statute.
Section
2(p)(1) of the FHSA, 15 U.S.C. § 1261(p)(1), requires that hazardous substances
bear certain cautionary statements on their labels. These statements include:
signal words; affirmative statements of the principal hazard(s) associated with
a hazardous substance: the common or usual name, or chemical name of the
hazardous substance; the name and place of business of the manufacturer,
packer, distributor, or seller; statements of precautionary measure to follow;
instructions when appropriate, for special handling and storage; the statement
“Keep out of the reach of children” or its practical equivalent; and, when
appropriate, first aid instructions.
A
product is determined to be a hazardous substance if the substance or a mixture
of substances is toxic, corrosive, an irritant, a strong sensitizer, is
flammable or combustible, or generates pressure through decomposition, heat or
other means, and if the substance or mixture of substances may cause
substantial personal injury or substantial illness during customary or
reasonably foreseeable handling or use, including reasonably foreseeable
ingestion by children. A determination that a product is toxic may be based on
the results of animal tests or on human experience.
It
is the responsibility of a manufacturer or importer of a product to determine
whether its product meets the definition of a hazardous substance and, if so,
to fulfill its obligations under the FHSA for appropriate precautionary
labeling. The U.S. Consumer Product Safety Commission does not perform
pre-market clearance for household products containing hazardous substances nor
does it certify those products.
The
Food, Drug and Cosmetic Act specifically excludes soap because soap is not
defined in the act. In administering the act, the Food & Drug
Administration interprets the term “soap” to apply only to articles that meet
the following conditions:
1) The bulk of the nonvolatile matter in the
product consists of an alkali salt of fatty acids and the detergent properties
of the article are due to the alkali-fatty acid compounds; and
2) The product is labeled, sold and represented
only as soap.
The
interpretation goes on to state that products intended to cleanse the body and
which are not “soap” as defined above are considered “cosmetics” regulated by
FDA.
If
your product meets the definition above (1 & 2) then it would be subject to
the Federal Hazardous Substances Act. If the product meets the definition of a
hazardous substance it is required to be labeled for the hazards it presents to
the consumer during reasonable and foreseeable use.
Cosmetic
labeling requires quite a bit of information. I strongly suggest that anyone
making cosmetics of any kind familiarize themselves with the FDA website. There
is a vast amount of information which is all current and lists all of the
information necessary to be sure you are making a product that fits into the
scope of the law. Their website is http://www.fda.gov
This
information must show on the principal display panel of all cosmetic products, this is copied from http://www.fda.gov/Cosmetics/Labeling/Regulations/default.htm#information_required
The following
information must appear on the principal display panel:
- An identity statement, indicating the nature and use of
the product, by means of either the common or usual name, a descriptive
name, a fanciful name understood by the public, or an illustration [21 CFR
701.11].
- An accurate statement of the net
quantity of contents,
in terms of weight, measure, numerical count or a combination of numerical
count and weight or measure [21 CFR 701.13].
The following information must appear on
an information panel:
- Name and place of business. This may be the manufacturer,
packer, or distributor. This includes the street address, city, state, and
ZIP Code. You may omit the street address if it is listed in a current
phone directory or city directory [21 CFR 701.12(a)].
- Distributor statement. If the name and address are not
those of the manufacturer, the label must say "Manufactured
for..." or "Distributed by...," or similar wording expressing
the facts [21 CFR 701.12(c)].
- Material facts. Failure to reveal material facts
is one form of misleading labeling and therefore makes a product
misbranded [21 CFR 1.21]. An example is directions for safe use, if a
product could be unsafe if used incorrectly.
- Warning and caution statements. These must be prominent and
conspicuous. The FD&C Act and related regulations specify warning and
caution statements related to specific products [21 CFR part 700]. In
addition, cosmetics that may be hazardous to consumers must bear
appropriate label warnings [21 CFR 740.1]. An example of such hazardous
products is flammable cosmetics.
- Ingredients. If the product is sold on a retail
basis to consumers, even it it is labeled "For professional use
only" or words to that effect, the ingredients must appear on an
information panel, in descending order of predominance. [21 CFR 701.3].
Remember, if the product is also a drug, its labeling must comply with the
regulations for both OTC drug and cosmetic ingredient labeling, as stated
above. To learn more, see "Ingredient
Names," "Color
Additives and Cosmetics," "Fragrances
in Cosmetics," and "'Trade Secret'
Ingredients."
Cosmetics
produced or distributed for retail sale to consumers for their personal care
are required to bear an ingredient declaration (21 CFR 701.3). Cosmetics not
customarily distributed for retail sale, e.g., hair preparations or make-up
products used by professionals on customers at their establishments and skin
cleansing or emollient creams used by persons at their places of work, are
exempt from this requirement provided these products are not also sold to
consumers at professional establishments or workplaces for their consumption at
home.
The ingredient declaration must be conspicuous so that it is likely to be read
at the time of purchase. It may appear on any information panel of the package,
i.e., the folding carton, box wrapping if the immediate container is so
packaged, and may also appear on a firmly affixed tag, tape or card. The
letters must not be less than 1/16 of an inch in height (21 CFR 701.3 (b)). If
the total package surface available to bear labeling is less than 12 square
inches, the letters must not be less than 1/32 of an inch in height (21 CFR
701.3(p)). Off-package ingredient labeling is permitted if the cosmetic is held
in tightly compartmented trays or racks, it is not enclosed in a folding
carton, and the package surface area is less than 12 square inches (21 CFR
701.3(i)).
The ingredients must be declared in descending order of predominance. Color
additives (21 CFR 701.3(f)(3)) and ingredients present at one percent or less
(21 CFR 701.3(f)(2)) may be declared without regard for predominance. The
ingredients must be identified by the names established or adopted by
regulation (21 CFR 701.3(c)); those accepted by the FDA as exempt from public
disclosure may be stated as "and other ingredients" (21 CFR
701.3(a)).
Cosmetics which are also drugs must first identify the drug ingredient(s) as
"active ingredient(s)" before listing the cosmetic ingredients (21
CFR 701.3(d)).
All label statements required by regulation must be in the English language and
must be placed on the label or labeling with such prominence and
conspicuousness that they are readily noticed and understood by consumers under
customary conditions of purchase (21 CFR 701.2).
It is my recommendation that anyone making cosmetic products take the time to
browse these pages for more information with regards to proper cosmetic
labeling. Just being a small business does not exempt you from the law. The FDA
fines small businesses as well as larger ones. The information contained within
their website is informative and easy to follow.
http://www.fda.gov/Cosmetics/Labeling/Regulations/ucm126444.htm
is the link to the entire FDA Cosmetics Labeling Guide. This is a MUST read for
anyone making anything cosmetic. It includes the following: (this is
hyperlinked right to the FDA site.)
Cosmetic Labeling Guide
Available in PDF
(279KB)
The Cosmetics Labeling Guide provides step-by-step help with cosmetic labeling,
with examples and answers to questions manufacturers often ask about
labeling requirements under U.S. laws and related regulations.
On this page:
Be sure to read the Cosmetics Labeling
Guide fully. I can answer questions for you through our online chat, email or
phone if there is something you can’t find or don’t understand as well. Bitter
Creek is committed to making sure you have the proper understanding when it
comes to properly labeling your products!
Happy Holidays and have a SAFE New Year!
Flicker!
Arrange the B&B Products with
the Loofah and Mesh Scrubby in the box. This is a great gift for your daycare
provider or teachers!
