Selling cosmetics and skincare online: cosmetic or drug, labels and claims

A moisturiser that "hydrates" is a cosmetic. The same jar that "eliminates wrinkles" is, in the eyes of US law, a drug. In beauty, the words on your listing decide which rules your product falls under, and the marketplaces watch for claims, before-and-after images and packaging more closely than in most categories.

This page covers the cosmetic or drug line, what the Modernization of Cosmetics Regulation Act (MoCRA) asks, and what Amazon, Walmart, Etsy, eBay, Canada and the EU add.

What this page covers: skincare, makeup, haircare and hair dye, nail products, fragrance, bath and body, oral care and teeth whitening.

The short version

• A claim to treat or prevent disease, or to change the body's structure, makes a cosmetic a drug.
• Under MoCRA, facilities register and products are listed with the FDA, and the label carries a US contact for adverse event reports.
• Walmart restricts the category to vetted sellers and bars misleading before-and-after images.
• Amazon wants original packaging with lot or serial codes, and never "FDA approved" on a cosmetic.
• Perfume, nail polish and aerosols usually ship as dangerous goods.

When is a cosmetic a drug?

US law decides whether a product is a cosmetic or a drug by its intended use: a claim to treat or prevent disease, or to change the body's structure, makes it a drug, and the listing is where that use is stated. "Eliminates wrinkles", "regrows hair" and "treats acne" are the classic examples.

Cosmetic wording that says what the product does without crossing that line:

The second column describes appearance and feel, which is what cosmetics do. Use a line only when it is true of your product, and read the whole listing the same way: intended use is judged from what the listing says, so one drug claim anywhere on it puts the product back on the drug side.

What does MoCRA ask of cosmetics sellers?

The Modernization of Cosmetics Regulation Act (MoCRA) brought cosmetic facilities and products under FDA listing. Facilities register, products are listed, and labels carry a US contact for adverse event reports. A buyer will not see this on your listing, but it is part of selling a cosmetic in the US, and the contact belongs on the label you photograph.

What can cosmetics images show?

Cosmetics images can show the real package and honest results, but not misleading before-and-after images:

• Before-and-after images. Walmart bars misleading ones. If you use them, show only what the product really does, with nothing else changed between the two.
• The packaging. Amazon expects original packaging with lot or serial codes. Show the real package, codes and all.
• Results. Walmart bars promises of a percentage improvement or permanent results, in images as well as words.

What do Walmart, Amazon, Etsy and eBay require and bar for cosmetics?

Walmart, Amazon, Etsy and eBay each require some words and bar others:

• Walmart expects labels with the product's identity, net quantity, ingredients, directions and maker. It bars disease claims, percentage-improvement and permanent-result promises, and asks for evidence behind "natural" or "clean". Skin whitening products are banned.
• Amazon bars listed ingredients and named products, and a cosmetic may not claim to be "FDA approved".
• Etsy keeps a list of ingredients that may not be used in cosmetic items, under its hazardous materials rules.
• eBay does not allow repackaged products, items out of their original packaging, skin-bleaching products or used perfume.

Are perfume and nail polish dangerous goods?

Usually, yes. Perfume, nail polish and aerosols are usually dangerous goods for shipping, and marketplaces review them before they go live. Our page on aerosol and flammable product rules covers what that means.

How do the marketplaces' cosmetics rules compare?

The four marketplaces' cosmetics rules, side by side:

What do cosmetics need in Canada?

Cosmetics sold in Canada must be notified to Health Canada and carry an ingredient list in English and French.

What does a cosmetic need in the EU?

An EU cosmetic needs a named responsible person and a notification, and its claims must meet the EU's common criteria for cosmetic claims.

How Commicorn helps

• Your packaging, as printed. On the Untouched product route your photo's pixels are never redrawn, so the ingredient list, lot code and claims on your package stay exactly as printed.
• Keywords checked against the bans. The keyword step keeps out a keyword a marketplace bans and says why, and marks a claim that needs proof with what the marketplace asks for.
• Your claims, from your details. The listing copy is written from what you tell us about the product. Read every line against the cosmetic or drug test above before you export.

Questions sellers ask

Can I say my skincare product treats acne?

Not as a cosmetic. "Treats acne", "eliminates wrinkles" and "regrows hair" are drug claims under US law, so describe appearance and feel instead.

Can a cosmetic be called "FDA approved" on Amazon?

No. A cosmetic may not claim to be "FDA approved" on Amazon.

Does Walmart allow before-and-after images for cosmetics?

Not misleading ones. Walmart bars misleading before-and-after images, and promises of a percentage improvement or permanent results.

Do I need to register my cosmetics with the FDA?

Under MoCRA, facilities register and products are listed with the FDA, and the label carries a US contact for adverse event reports.

Can I sell repackaged cosmetics on eBay?

No. eBay does not allow repackaged products, items out of their original packaging, skin-bleaching products or used perfume.

Before you list

Have the label photographed as printed, with its ingredient list, the US contact for adverse event reports and the lot or serial code, and every claim read against the cosmetic or drug test before the listing goes live. On an edge case, the FDA's intended-use test decides whether you are selling a cosmetic or a drug, Walmart's vetting decides whether you can sell the category there, and outside the US, Health Canada notification and the EU's responsible person and claims criteria settle it, all cited above.