Net Contents of a Cosmetic: The ‘E’ Mark and Units of Measure

By: David C. Steinberg, Steinberg & Associates

Posted: December 1, 2009, from the December 2009 issue of Cosmetics & Toiletries.

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A visit to the CPSC Web site⁸ will clear up any confusion. Here, the agency states: We have jurisdiction over more than 15,000 kinds of consumer products used in and around the home, in sports, recreation and schools. But we don’t have jurisdiction over some categories of products. They include automobiles and other on-road vehicles, tires, boats, alcohol, tobacco, firearms, food, drugs, cosmetics, pesticides, and medical devices. Our Web site has links to the sites of the federal agencies that do. Therefore, personal care product manufacturers should respond to retailers that this law does not apply to cosmetics unless that cosmetic is represented and sold as a toy. Hopefully, this explanation will clarify the confusion.

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References
Send e-mail to davidpreserve@verizon.net.
1. 21CFR701.13(a)
2. 21CFR701.13(b)
3. 21CFR701.13(r)
4. 21CFR201.66 (c)(2)
5. 15 U.S.C. §§ 1451-1461
6. 21CFR701.13(i)
7. US Metric Association, http://lamar.colostate.edu/~hillger/dates.htm (Accessed Oct 12, 2009)
8. www.cspc.org (Accessed Oct 12, 2009)