The Cosmetic Industry: Comparing the Industry Oversight in the European Union and the United States

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Authors

Foley, Elizabeth

Issue Date

2019

Volume

11

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1

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Journal Article

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The United States Food and Drug Administration (“FDA”) oversees the regulation of food, drugs, cosmetics, biologics, medical products, and tobacco in the United States (“U.S.”), while in the European Union (“EU”) the European Commission (“EC”), executive branch of the EU, is responsible for proposing legislation and implementing decisions related to the cosmetic industry. The FDA was given authority to control cosmetics in 1938 through the passage of the Federal Food, Drug, and Cosmetic Act (“FDC Act”) and the EC was given authority to control finished cosmetic products under the Council Directive 76/768/EEC of July 1976 (“Council Directive of 1976”). Since 1938 the FDC Act has been amended many times, however, no such amendments have changed the FDA’s regulatory power over cosmetics. On the other hand, the Council Directive of 1976 is no longer valid law today and was repealed by Regulation (EC) No. 1223/2009 (“EC Regulation”).

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Creighton University School of Law

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