Cosmetic Crisis: The Obsolete Regulatory Framework of the Ever-Evolving Cosmetic Industry

Authors

Isabelle M. Carbajales, University of Miami School of Law

Abstract

Cosmetics only first became regulated after a series of tragic events where users were seriously harmed from the use of cosmetic products. These tragic events prompted legislators to enact the Food, Drug, and Cosmetics Act of 1938. Before then, law makers feared that regulating the cosmetic industry would lower the tone of legislation because they considered the cosmetic industry to be inconsequential. At present, the regulatory system in place to protect vulnerable cosmetic consumers is nearly identical to when it was enacted over eighty-six years ago—even though the cosmetic market looks nothing like it did back then. The consumer base for cosmetics has expanded drastically, and consumers use more products daily. Further, scientific advancements now reveal the safety or danger of chemicals within the products. Given the multitude of studies indicating the presence of dangerous chemicals latent in cosmetics, the regulatory system requires modernization. Unfortunately, legislators consistently fail to pass legislation to regulate the industry and protect cosmetic consumers. Do legislators still consider the cosmetic market too inconsequential to regulate? This Note advocates for stricter cosmetic regulations, discusses alternative means of regulation reform, and evaluates the likelihood of legislators enacting such reform.

Recommended Citation

Isabelle M. Carbajales, Cosmetic Crisis: The Obsolete Regulatory Framework of the Ever-Evolving Cosmetic Industry, 77 U. Mia. L. Rev. 742 (2023)
Available at: https://repository.law.miami.edu/umlr/vol77/iss3/6