Do exported cosmetics have to comply with the same requirements as the US?
Cosmetic requirements in other countries are different from the US, and there may be situations when a product for export does not comply with the requirements of the Federal Food, Drug,& Cosmetic Act (FD&C Act) or Fair Packaging and Labeling Act (FPLA) for cosmetics marketed domestically.
A product intended for export will not be considered adulterated or misbranded if it
- meets the specifications of the foreign purchaser,
- is not in conflict with the laws of the country to which it is intended for export,
- is labeled on the outside of the shipping package that it is intended for export, and
- is not sold or offered for sale in domestic commerce. (FD&C Act, Section 801(e); U.S. Code, Title 21, sec. 381(e))
However, cosmetic products sold or offered for sale in domestic commerce must comply with all applicable provisions of the FD&C Act, the FPLA, and any other related laws, as well as the regulations established under authority of these laws.