Comparatively Speaking: Exotic vs. Standard Color Additive

By: Anthony J. O'Lenick Jr., Siltech LLC, and Nick Morante, Nick Morante Cosmetic Consulting

Posted: February 22, 2012

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Glow-in-the-dark colors: Luminescent zinc sulfide is the only approved glow-in-the-dark color additive (21 CFR 73.2995), but it has use restrictions for Halloween and for external use only. The restrictions are clearly stated in the Code of Federal Regulations (CFR) in the Federal Register.

Halloween makeup: These products are considered cosmetics [FD&C Act, Sec. 201(i); 21 U.S.C. 321(i)]; therefore, they are subject to the same regulations as other cosmetics, including the same restrictions on color additives.

Liquid crystal colors: These additives, which produce color motifs in a product through diffraction, are unapproved color additives. Their use in cosmetics as color additives is illegal [FD&C Act, Sec. 601(e), 21 U.S.C. 361(e)], but they can still be used for their intended use in cosmetics as emollients or moisturizers.

Tattoo pigments: As noted above, no color additives are approved for injection into the skin, as in tattoos and permanent makeup. Temporary (or rinse-off) tattoos are governed by the same cosmetic regulations as any other product.

Theatrical makeup: Like Halloween makeup, these products are considered cosmetics [FD&C Act, Sec. 201(i); 21 U.S.C. 321(i)]; therefore, they are subject to the same regulations as other cosmetics, including the same restrictions on color additives.