Volume 15 - Issue 12 - December 2007

The legal difference between a cosmetic and a drug is determined by a product’s intended use. Different laws and regulations apply to drugs and to cosmetics. Firms sometimes violate the law by marketing a cosmetic with a drug claim, or by marketing a drug as if it were a cosmetic, without adhering to requirements for drugs. Thus a cosmeceutical’s “intended use” — gleaned from the labeling, advertising, promotional materials — determines the regulatory fate of a cosmeceutical as a cosmetic or drug. The actual physical effect of the product has no bearing o