FDA Requirements and Bath Bombs

[Thistle Creek Honey]

I'm trying to determine if the FDA rules on bubble baths would apply to Bath Bombs. Anyone have this on thier labels?

<FDA Snipet>
A foaming detergent bath product--also known as bubble bath product--is, for the purpose of this regulation, defined as "any product intended to be added to a bath for the purpose of producing foam that contains a surface-active agent serving as a detergent or foaming ingredient."
The caution stated below is required on the label of any foaming detergent bath product which is not clearly labeled as intended for use exclusively by adults. The following are two examples of label statements identifying a product as intended for use exclusively by adults: "Keep out of reach of children" and "For adult use only."
</FDA Snipet>

 

[thefarmerdaughter]

I'm not sure. It cant hurt to include one of those statements. But it is talking about detergents/foaming agents. So I guess it depends on what your putting in your bath bombs.

 

[Thistle Creek Honey]

Thanks for the reply.

I might just add it to be safe. I hate adding unnecessary "scary" text to a label. What caught my eye was the text "that contains a surface-active agent serving as a detergent or foaming ingredient". Depending on how you look at it, baking soda, citric acid is a foaming ingredient.

I know in the technology world, there are frequentlly discussion web sites like this one that have a specific section reserved for questions to an outside entity (Like Microsoft, or Oracle) where thier employees can monitor the question and provide non-legally binding advice. Anyone know of such a place, or is that asking to much from our Govt.?

 

[Hazel]

There are different types of foaming agents which can be used in bath bombs. I use Sodium Lauryl Sulfoacetate which is milder than the others I've researched.

I think "Keep out of the reach of children" is fine to add. I've seen it on a lot of products in stores. It's so common that I don't think most people would even notice it.

eta: I found a standard cautionary statement for bubble products if they are not marketed as "For Adults Only".

"Caution: Use only as directed. Excessive use or prolonged exposure may cause irritation to skin and urinary tract. Discontinue use if rash, redness, or itching occur. Consult your physician if irritation persists. Keep out of the reach of children".

 

[Robert]

I might just add it to be safe. I hate adding unnecessary "scary" text to a label. What caught my eye was the text "that contains a surface-active agent serving as a detergent or foaming ingredient". Depending on how you look at it, baking soda, citric acid is a foaming ingredient.

It produces fizz, and that fizz might get trapped in foam, but it's not a surface-active agent, so it doesn't apply.

I know in the technology world, there are frequentlly discussion web sites like this one that have a specific section reserved for questions to an outside entity (Like Microsoft, or Oracle) where thier employees can monitor the question and provide non-legally binding advice. Anyone know of such a place, or is that asking to much from our Govt.?

The trouble is, if you ask FDA, not only is their advice not legally binding on them (unless it's explicitly an official guideline), but also their opinion might not stand up in court. In fact, FDA usually loses when people take them to court, but few people can afford to do so.

The key here that few look at is that the regulation applies only to products that meet the statutory definition of "cosmetic", i.e. that they're intended to be applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance, and are not soap. Most people, including the people at FDA, forget that when invoking the regulation on foaming detergent bath products. If you don't intend your product for one of those purposes, it's not a cosmetic, hence it doesn't matter whether it would be a "foaming detergent bath product". (It's only cosmetic foaming detergent bath products that fall under this.) So if your product is not intended to get the user clean or have other cosmetic effects, the regulation is not applicable. I'm satisfied that most of these foaming bath products are just for amusement, aromatherapy (the experience of the aroma during use, not perfuming the user for afterward), and/or preventing bathtub ring. Some of your products may, however, be intended for cosmetic purposes.