cdwinsby
Well-Known Member
Here's another quote from the same link Tabitha posted:
"How is a product's intended use established?
Intended use may be established in a number of ways. Among them are:
Claims stated on the product labeling, in advertising, on the Internet, or in other promotional materials. Certain claims may cause a product to be considered a drug, even if the product is marketed as if it were a cosmetic. Such claims establish the product as a drug because the intended use is to treat or prevent disease or otherwise affect the structure or functions of the human body. Some examples are claims that products will restore hair growth, reduce cellulite, treat varicose veins, or revitalize cells.
Consumer perception, which may be established through the product's reputation. This means asking why the consumer is buying it and what the consumer expects it to do.
Ingredients that may cause a product to be considered a drug because they have a well known (to the public and industry) therapeutic use. An example is fluoride in toothpaste.
This principle also holds true for essential oils in fragrance products. A fragrance marketed for promoting attractiveness is a cosmetic. But a fragrance marketed with certain "aromatherapy" claims, such as assertions that the scent will help the consumer sleep or quit smoking, meets the definition of a drug because of its intended use. "
Not sure how the "antibacterial" example works though....to me this says it will kill bacteria which I consider to be a part of cleaning and washing.
I think it would apply more to a statement like "Contains tea tree oil, which is reputed to be effective at killing acne bacteria".... etc.
It gets tricky, since the more well known an ingredient like tea tree oil becomes, the more the public expects it to do a particular thing. And that might end up putting the soap into the drug catagory due to 'consumer perception'.
Sucks.
"How is a product's intended use established?
Intended use may be established in a number of ways. Among them are:
Claims stated on the product labeling, in advertising, on the Internet, or in other promotional materials. Certain claims may cause a product to be considered a drug, even if the product is marketed as if it were a cosmetic. Such claims establish the product as a drug because the intended use is to treat or prevent disease or otherwise affect the structure or functions of the human body. Some examples are claims that products will restore hair growth, reduce cellulite, treat varicose veins, or revitalize cells.
Consumer perception, which may be established through the product's reputation. This means asking why the consumer is buying it and what the consumer expects it to do.
Ingredients that may cause a product to be considered a drug because they have a well known (to the public and industry) therapeutic use. An example is fluoride in toothpaste.
This principle also holds true for essential oils in fragrance products. A fragrance marketed for promoting attractiveness is a cosmetic. But a fragrance marketed with certain "aromatherapy" claims, such as assertions that the scent will help the consumer sleep or quit smoking, meets the definition of a drug because of its intended use. "
Not sure how the "antibacterial" example works though....to me this says it will kill bacteria which I consider to be a part of cleaning and washing.
I think it would apply more to a statement like "Contains tea tree oil, which is reputed to be effective at killing acne bacteria".... etc.
It gets tricky, since the more well known an ingredient like tea tree oil becomes, the more the public expects it to do a particular thing. And that might end up putting the soap into the drug catagory due to 'consumer perception'.
Sucks.
