This is on the FDA's website... The Fine Line Between Cosmetics and Drugs The FD&C Act defines cosmetics as articles intended to be applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance without affecting the body's structure or functions. This definition includes skin-care creams, lotions, powders and sprays, perfumes, lipsticks, fingernail polishes, eye and facial makeup, permanent waves, hair colors, deodorants, baby products, bath oils, bubble baths, and mouthwashes, as well as any material intended for use as a component of a cosmetic product. Products that intend to treat or prevent disease, or otherwise affect structure or function of the human body are considered drugs. Cosmetics that make therapeutic claims are regulated as drugs and cosmetics, and must meet the labeling requirements for both. A good way to tell if you're buying a cosmetic that is also regulated as a drug is to see if the first ingredient listed is an "active ingredient." The active ingredient is the chemical that makes the product effective, and the manufacturer must have proof that it's safe for its intended use. For products that are both drugs and cosmetics, the regulations require that active ingredients be listed first on these products, followed by the list of cosmetic ingredients in order of decreasing predominance. Examples of products that are both cosmetics and drugs are dandruff shampoos, flouride toothpastes, antiperspirant deodorants, and foundations and tanning preparations that contain sunscreen. Before products with both a cosmetic and drug classification can be marketed, they must be scientifically proven safe and effective for their therapeutic claims. If they are not, FDA considers them to be misbranded and can take regulatory action. ...I thought that it was if you claimed your SOAP was MOISTURIZING that you would then have to say it is cosmetic and would be required to list the ingredients. Also from the FDA's site..... SOAP Ordinary soap is solely made up of fats and an alkali. In the past, people made their own soap from animal fats and wood ashes. Today there are very few true soaps in the traditional sense on the market. You might recognize these soaps as products marketed with characteristics such as "pure". "True" soaps are regulated by the Consumer Product Safety Commission, not FDA, and do not require ingredient labeling. Most body cleansers on the market today are actually synthetic detergent products and come under the jurisdiction of FDA. These detergent cleansers are popular because they make suds easily in water and don't form gummy deposits. Some of these detergent products are actually marketed as "soap" but are not true soap in the common and legal definition of the word. If a cosmetic claim is made on the label of a "true" soap or cleanser, such as moisturizing or deodorizing, the product must meet all FDA requirements for a cosmetic, and the label must list all ingredients. If a drug claim is made on a cleanser or soap, such as antibacterial, antiperspirant, or anti acne, the product is a drug, and the label must list all active ingredients, as is required for all drug products. I'm new to this so I'm not too sure, but by what the FDA states it doesn't seem like the moisturizing claim for the cream would make it fall into the category of cosmetic and drug to where it would need to be tested. The only thing I can find about claiming moisturizing has to do with soap.