Govil, Praneeta
(2021)
Fake it till you make it: how the FDA can address the proliferation of counterfeit cosmetics.
Master Essay, University of Pittsburgh.
Abstract
Cosmetics laws generally and counterfeit cosmetics laws specifically have been left largely unregulated. The lack of modernized and efficient regulation by the FDA has allowed the proliferation of counterfeit cosmetics within the United States. Consumers who use counterfeit cosmetics can experience a whole host of adverse health effects, including chemical burns and bacterial infections. Many consumers do not know that they are purchasing counterfeit cosmetics until after they have bought and potentially used the counterfeit product. The majority of counterfeit cosmetics can be found on e-commerce websites like Amazon and eBay, where sellers have the ability to hide behind anonymity. The FDA has received thousands of adverse reports regarding counterfeit cosmetics within the past few years, which demonstrates the public health importance of stopping the influx of counterfeit cosmetics. This essay theorizes that Congress should modernize FDA regulations by utilizing the counterfeit cosmetics regulation found in the previously proposed Cosmetic Safety Enhancement Act. Further, Congress should model additional counterfeit cosmetic regulations after the Food Safety Modernization Act of 2011. Modeling new FDA regulations after both the Cosmetic Safety Enhancement Act and the Food Safety Modernization Act, would offer more robust regulations that will make the FDA more efficient in addressing counterfeit cosmetics.
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