[QUOTE="Barbe a papa, post: 1404581, member: 128892"
As for Americans, the FDA is very much less likely to approve it, as I cited in a previous post. So there is a very good chance it will not be marketed in the USA in any way for a relatively substantial amount of time after it comes out in Europe. So expect to buy it online from Europe when it finally releases. I'm not trying to rain on your parade, I'm trying to get the facts straight rather than say random sh*t with no evidence.
The only chance the lotion has of being considered only a cosmetic in the USA is through branding loopholes by not labeling the product as a hair stimulant. However, this would make the manufacturer liable to litigation over effects that are not labeled. It will be a cosmetic, but it will also be classified a drug in the USA. But again, I beg you to prove me wrong.[/QUOTE]
It will most likely be an over the counter drug if this is an issue.
(which i doubt it will be)
I dont see anything for a cosmetic that is a problem
Do over-the-counter (OTC) medications go through the same approval process as prescription drugs?
A: No. Because there are over 300,000 marketed OTC drug products, instead of individual drug products, FDA reviews the active ingredients and the labeling of over 80 therapeutic classes of drugs, for example analgesics or antacids. For each class, an OTC drug monograph is developed and published in the
Federal Register. OTC drug monographs are a kind of "recipe book" covering acceptable ingredients, doses, formulations, and labeling. Once a final monograph is implemented, companies can make and market an OTC product without the need for FDA pre-approval. These monographs define the safety, effectiveness, and labeling of all marketing OTC active ingredients. New products that conform to a final monograph may be marketed without further FDA review. Those that do not conform must be reviewed by the New Drug Application process. A drug company may also petition to change a final monograph to include additional ingredients or to modify label
How FDA Evaluates Regulated Products: Cosmetics
Safety Data and Its Limitations
FDA monitors the safety of cosmetic products that are being marketed and acts on products that are established to be harmful to consumers when used as intended. The agency has a number of ways to monitor these products but often the available safety information is limited:
- Voluntary Cosmetic Registration Program: FDA encourages cosmetic firms to report product formulations through the VCRP. The VCRP database provides important information on these cosmetics. However, the companies are not legally required to tell FDA about their products and safety data.
- Inspections: FDA can inspect manufacturing facilities to determine if proper controls and practices are being followed. FDA also works with U.S. Customs and Border Protection to examine imported cosmetics. But because resources are limited, only a few establishments are inspected each year, and just a fraction of imports are physically examined.
- Surveys of products: FDA periodically buys cosmetics and analyzes them, especially if aware of a potential problem. The information obtained can be used to alert consumers, support regulatory actions, or issue guidance for industry. FDA does not have the resources to sample and analyze all cosmetics on the market.
- Cosmetic Ingredient Review (CIR) expert panel: The CIR is an independent, industry-funded panel of medical and scientific experts that meets quarterly to assess the safety of cosmetic ingredients based on data in the published literature as well as some that is voluntarily provided by the cosmetic industry. The industry data may or may not be complete. FDA takes the results of CIR reviews into consideration when evaluating safety, but the results of FDA safety assessments may differ from those of CIR.
- Reports from consumers and health care providers: Because the law does not require that bad reactions to cosmetics be reported to FDA, we may be unaware of problems. That's why FDA is trying to increase consumer awareness about the importance of reporting cosmetic-related problems. (See Bad Reaction to Cosmetics? Tell FDA.) If you experience a bad reaction to a cosmetic, please contact FDA’s problem-reporting program, MedWatch, on the Web or at 1-800-332-1088; or contact the consumer complaint coordinator in your area.
FDA’s Own Research
FDA conducts research on cosmetic products and ingredients to address safety concerns or to provide information to support regulatory actions or guidance. For example, the agency has conducted research on skin absorption of cosmetic ingredients, tattoo inks, and potential contaminants.
In considering the safety of a product, a number of factors are considered, such as:
- whether a cosmetic is likely to be inhaled, swallowed, or absorbed through the skin
- how often it is generally used
- how long it stays in contact with the body (for example, leave-on or wash-off)
- whether some people, such as children, the elderly, or people with compromised immune systems, might be more vulnerable than others
What Can FDA Do if a Cosmetic Is Not Safe?
To prevent further shipment of a cosmetic that does not comply with the law, FDA may
- ask a federal court to issue an injunction
- request that U.S. marshals seize the products
- initiate criminal action
- refuse entry of an imported cosmetic
- request that a company recall a product
FDA cannot require recalls of cosmetics, but works with companies to make sure their recalls are effective.