Expert: David Scott - 10/15/2004

Question
My 18 year old daughter has a wonderful idea for a make-up line.  She has all the names, packaging, etc. all ready to go, we just don't know what to do next.  How would one go about getting a new make-up line on the market?  We know nothing about manufacturing the line or what kind of research has to be done.  
Hoping you can point us in the right direction,
Thanks
Janet

Answer
You say your daughter has prepared the names, packaging, and design for a cosmetic line.  You should understand the government (FDA) regulations concerning cosmetics:
FDA is only able to regulate cosmetics after products are released to the marketplace. Neither cosmetic products nor cosmetic ingredients are reviewed or approved by FDA before they are sold to the public.
FDA cannot require companies to do safety testing of their cosmetic products before marketing. If, however, the safety of a cosmetic product has not been substantiated, the product's label must read

"WARNING: The safety of this product has not been determined."

FDA does not have the authority to require manufacturers to register their cosmetic establishments, file data on ingredients, or report cosmetic-related injuries. To keep abreast of such information, FDA maintains a voluntary data collection program. Cosmetic companies that wish to participate in the program forward data to FDA.

Recalls are voluntary actions taken by the cosmetic industry to call back products that present a hazard or that are somehow defective. FDA is not permitted to require recalls of cosmetics but does monitor companies that conduct a product recall. If FDA wishes to remove a cosmetic product from the market, it must first prove in a court of law that the product may be injurious to users, improperly labeled, or otherwise violates the law.

FDA collects cosmetic product samples as part of its plant inspections, import inspections, and follow-ups to complaints of adverse reactions. The agency does not, however, function as a private testing laboratory. FDA is prohibited from recommending private laboratories to consumers for sample analysis. Consumers may consult their local phone directory for testing laboratories.

FDA can inspect cosmetics manufacturing facilities, collect samples for examination, and take action through the Department of Justice to remove adulterated and misbranded cosmetics from the market. Domestic and foreign manufacturers must follow the same regulations.

So you have the option of including the Warning Label, or conducting the research.  To conduct the research, you will want to contact a research laboratory near you (the closer, the fewer the expenses).  You will also want to contact a manufacturing plant.  Check your yellow pages for both a research laboratory and manufacturing plant.  The manufacturing plant can probably put you in touch with a testing facility.
Contact salons and stores in your area to find out how much it costs to stock and sell items in their stores.  Initially, you will only want to manufacture product and sell it in your area, to minimize expenses.  FYI: the internet has proven effective mainly for established entities, or those with a customer base...you may not be there yet, and internet sites cost money, and you should try to minimize expenses.
I started my explanation with a thorough of the FDA's authority over cosmetics, because you need to understand your liability concerning selling a cosmetic product.  At some point, you will need to talk to a lawyer for two reasons: creating a company to shield your family from litigation, and you will need assistance patenting, copyrighting, and owning your information.
Good luck, and remember me if you make it big!!!
David