I make salves and tinctures, and only list them as a "salve" or "tincture". I list all (every!) ingredients with INCI labeling - I don't list "active ingredients". I don't list what ailment it's for, and any of its "healing" properties.
http://www.etsy.com/listing/108139631/dandelion-clover-nettle-salve-with-tea?
I leave it up to the consumer to research and decide what they want to use it for. Most folks looking for a Calendula salve will know what it's used for. Herbalism takes research, but it is all about being able to take care of yourself. Supplying a product for people to do with as they please (as they will do anyway),
as long as the are informed of the ingredients, shouldn't require the FDA's approval,
in my opinion.
It's a touchy subject with herbal products, with lots of grey area.
There are tons of Etsy sellers (as well as other internet sites) with all kinds of claims listed. How they get away with it, I'll never know. I guarantee they have not been registered and lab tested. I guess the FDA is busy with bigger fish. There is a section on the FDA website that states if there is any implied use (for curative properties) or if the product is publicly associated and used as a drug, it should be labeled with an active ingredient. This is where things get a bit sticky for me.
Is that the only requirement- an active ingredient?
What about registering the product and intended use with the FDA?
Lab testing for safety and efficacy?
How do all these supplement/diet companies get away with their outrageous claims?
Salves, ointments, balms, tinctures and the like are most likely associated with "healing" (think Neosporin ointment). However, my salves could be used as a cuticle conditioner (cosmetic), skin barrier for hair color (cosmetic), moisturizer (cosmetic), used on heels and feet for moisturizing and exfoliation (cosmetic), essential oils can be used as fragrance (cosmetic)...so it gets to be a bit of a "grey area". Tinctures and Extracts can be used for "spiritual" or "ritual" purposes (or as a cosmetic fragrance like Vanilla extract), so that takes care of those, as the FDA doesn't regulate those, unless I'm stating an internal (healing drug) or cosmetic use.
I would be interested to hear how others handle this situation...