Newbie advice? FDA vs. CPSC

[Tylyn]

Hey everyone,

I have been making soap for myself and family for a while. A few people have asked if I would think about selling it. I have been doing research about the requirements. I don't want to be doing the wrong thing and have the fda show up. So to NOT be under the FDA requirements, I can't claim that it does anything but clean. Can I still put like charcoal or tee tree oil in it, as long as I don't claim that it helps with anything? 

Also can someone tell me and or give me the link to the manufacturing requirements under CPSC if there is any? 

Any other advice or wisdom will be GREAT appreciated! 

Thank you!!

[Jcandleattic]

Best advice for labeling and requirements I have found is Marie Gale's book and blog. 

 

Here is a link to her site to get you started. - http://www.mariegale.com/

 

Good luck and welcome to the board!! 

[Jcandleattic]

Also, @TallTayl will probably come along shortly. She is a WEALTH of information. I have learned a lot from her and can easily process what she says, however, regurgitating it to where it makes sense to someone else is not my strong suit. LOL 

[TallTayl]

Hi hi! Are you in the US? Rules are different between the states, Canada and the U.K., etc. 

[Tylyn]

Yes I'm in new Hampshire USA

[TallTayl]

Ok, as Jc mentioned above, start with Marie Gale. She wrote a book about soap labeling, and another about Good Manufacturing Practices (GMP). 

 

If you are on facebook, Modern Soapmaking, a group run by a friend of mine Kenna Cote, has many pages of how to and similar articles about starting a soaping business.

 

the Handmade Soap And Cosmetics Guild is another fabulous resource for insurance, legal considerations, how to's, etc. and finally Indie Business Network (IBN) also handles soap maker business insurance guiding the small business owner through the ropes. 

 

When selling just soap with absolutely zero claims you do not have to register with the FDA or worry about the FDA knocking on your door. You are not even legally required to label the soap. When you do consider labels, refer to Marie Gale's books for the specific requirements. 

 

The second you make any claim or reference to XYZ ingredient smelling medicinal, or alluding to what an ingredient can do you are now a classified as drug maker by the FDA and can open yourself to a visit. If you decide to use melt and pour, or surfactants like SLS or SLSa to name but two,  that is considered a cosmetic and is also governed by the FDA. Cosmetics have specific labeling requirements also. 

 

It seems like a lot to take in at first, but tackle it one step at a time and it gets easier. 

 

Before considering selling soap, please check the laws in your state and county for registering your small business and insuring. Product liability insurance and general liability insurance (offered at both IBN and HSMG) are a good idea to budget for before selling. 

 

Lots of things to budget for when starting a business. It seems overwhelming, but it is all just a cost of doing business. 

[Tylyn]

Thank you!   I would have never thought of getting insurance, but it is a really great idea! I will most definitely be looking into that!

Edited September 20, 2017 by Tylyn

[coconut]

On 9/20/2017 at 3:52 PM, TallTayl said:

Ok, as Jc mentioned above, start with Marie Gale. She wrote a book about soap labeling, and another about Good Manufacturing Practices (GMP). 

 

If you are on facebook, Modern Soapmaking, a group run by a friend of mine Kenna Cote, has many pages of how to and similar articles about starting a soaping business.

 

the Handmade Soap And Cosmetics Guild is another fabulous resource for insurance, legal considerations, how to's, etc. and finally Indie Business Network (IBN) also handles soap maker business insurance guiding the small business owner through the ropes. 

 

When selling just soap with absolutely zero claims you do not have to register with the FDA or worry about the FDA knocking on your door. You are not even legally required to label the soap. When you do consider labels, refer to Marie Gale's books for the specific requirements. 

 

The second you make any claim or reference to XYZ ingredient smelling medicinal, or alluding to what an ingredient can do you are now a classified as drug maker by the FDA and can open yourself to a visit. If you decide to use melt and pour, or surfactants like SLS or SLSa to name but two,  that is considered a cosmetic and is also governed by the FDA. Cosmetics have specific labeling requirements also. 

 

It seems like a lot to take in at first, but tackle it one step at a time and it gets easier. 

 

Before considering selling soap, please check the laws in your state and county for registering your small business and insuring. Product liability insurance and general liability insurance (offered at both IBN and HSMG) are a good idea to budget for before selling. 

 

Lots of things to budget for when starting a business. It seems overwhelming, but it is all just a cost of doing business. 

TT, would soap from a cold process rebatch base be regulated like the melt and pour? Thanks.

[TallTayl]

It should be treated as soap as long as there are no other ingredients besides oil I water etc. No surfactants. But double check with Marie Gail's resources to be sure. She keeps up with current legislation more than I do.

[coconut]

21 hours ago, TallTayl said:

It should be treated as soap as long as there are no other ingredients besides oil I water etc. No surfactants. But double check with Marie Gail's resources to be sure. She keeps up with current legislation more than I do.

Thanks!