Edible Vs. Lip Safe - What's the Difference?
In most locales, rules govern who can legally make, package and sell food products. Check your local and state regulations for specifics, but you likely need a business license, a food handler's license for each person making and packaging your edible food product and a temporary food service establishment permit (if you'll be selling at fairs or markets). You might also need a home or commercial kitchen inspection, usually from your state's Department of Health, plus insurance to cover liability.
Additionally, you want to research the zoning laws in your area to see if you are allowed to produce edible products in your home. In the U.S., not all states require you (or permit you) to have your kitchen inspected.
When it comes to labeling edible products, the Fair Packaging and Labeling Act stipulates that "all food products should be labeled with the disclosure of ingredients, quantity, and weight of ingredients and labeled with the name and place of the person or business who makes and packages these goods." These guidelines are very similar to those used for cosmetic products.
You will also need to include on your label whether or not your edible items contain nuts, dairy or other common allergens. Allergy statements should also include whether or not your products are produced in a facility that processes or handles common allergens.
Once these requirements are in place, you should familiarize yourself with the shipping requirements (each carrier is different) regarding perishable and edible products. Determine what restrictions there are when shipping something perishable and investigate special packaging such as "cold packs" or expedited shipping to prevent spoilage.
You're probably thinking that you just want to formulate "safer" or more "natural" cosmetics by using common food products and herbs as your ingredients, so why are we talking about food regulations when it comes to natural "food-based" cosmetics? It comes down to perception and intent. While the use of edible raw materials in many cosmetic formulations is commonplace, the practice does not necessarily always result in an end product that may be consumed. However, when you advertise or market a cosmetic as "edible" or "safe for consumption" you change the playing field from cosmetics to food.
To further clarify this, let's look at the term "lip-safe." If raw materials are labeled as "lip-safe," it means those materials are permitted for manufacturing cosmetics intended to be used on the lips. A lip-safe ingredient is not necessarily an edible ingredient and vice versa. Generally speaking, a lip-safe raw material must meet safety requirements to mitigate the risk of a small amount of that material being swallowed (or ingested) during typical use of the finished product.
Flavor is a commonly used term for an ingredient or combination of materials used to give a taste (flavor) to a personal care product. Flavors are usually used in products subject to ingestion, such as lipsticks or oral hygiene products. Many ingredients that function as fragrance components can also be used as Flavor compounds. According to the U.S. Food and Drug Administration, the term "flavor" on a product label signifies "any natural or synthetic substance or substances used solely to impart a taste to a cosmetic product."
Many "lip-safe" ingredients also have a maximum safe usage rate to help minimize the risk should it be accidentally ingested. Besides oral care products like mouthwashes and toothpaste, other products that are not edible also risk the possibility of ingestion of tiny amounts of the fragrance. These include lip products of all types (solid and liquid lipsticks, balms, etc.), and certain types of scented children's toys (where there is the likelihood of oral contact). Fragrances used in products that might be inadvertently ingested must comply with guidelines set forth by the International Organization of the Flavor Industry. You will notice there is an International Fragrance Association guideline for each fragrance and specific IFRA guidelines for finished products to be used on the lips. This guideline is set forth under Category 1 of the IFRA standard. Lip safety in cosmetics does not just apply to fragrance, but also to color additives. Color additives are highly regulated by the FDA, and you need to familiarize yourself with the color additives permitted for use in cosmetics. The FDA keeps updated color guidelines at the FDA website, and it is your responsibility to cross check supplier provided information on the federal website. Color guidelines can change at any time as new information is accrued regarding the safety and usage of colorants. The two charts that pertain specifically to cosmetic products are:
Color Additives That Are Exempt from Certification and Permitted for Use in Cosmetics (21 CFR Part 73 Subpart C-Cosmetics) Color Additives That Are Subject to Certification and Permitted for Use in Cosmetics* Includes Straight Colors and Lakes (21 CFR Part 74 Subpart C-Cosmetics and 21 CFR Part 82 Subparts B, C, and D)
For cosmetic products intended for contact with the lips, familiarize yourself with the column titled "Generally (Includes Lipsticks)." If this column lists "NO" for the colorant you wish to use, then you may not use it in any product that may come in contact with the lips. This category would also include cosmetics such as flavored massage oils or flavored body paints intended to come into contact with the mouth.
Another product type worth mentioning is cosmetics that are created or packaged to imitate food or that appeal to children. Ultra-realistic soaps and bath bombs that look like cakes or cupcakes and even bacon are an interesting novelty but need to be labeled with proper precautions to clarify the appropriate use and minimize confusion. Children, in particular, are most likely to be injured due to accidental ingestion of realistic, food shaped cosmetics. Children at highest risk for unintentional poisoning are those around the age of two since they are most likely to put cosmetics (and everything else) into their mouths and are also unable to read warning labels. Sweet, fruity and candy-like fragrances can also be confusing when marketed to children in non-edible products.
While it can be difficult for the home-crafter or small business to invest in child-proof packaging, taking a few extra steps to safeguard potentially dangerous products can help put your mind (and the consumer's mind) to rest. Some safeguarding measures include the use of internal safety seals and shrink-wrapping external containers. Appropriate warning statements on labels (such as "Keep Out Of Reach Of Children," "Not Intended For Use By Children," "Not For Human Consumption," etc.) combined with correctly marketing any food-shaped, brightly colored, and food-scented products can help limit the risk of oral exposure, protect your business and protect the consumer.
References:
Fair Packaging And Labeling Act: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-packaging-labeling-act
Color Additives: https://www.fda.gov/ForIndustry/ColorAdditives/GuidanceComplianceRegulatoryInformation/ColorAdditiveListingRegulations/default.htm
Color Additives Permitted for Use in Cosmetics: https://www.fda.gov/Cosmetics/Labeling/IngredientNames/ucm109084.htm
IFRA Information Booklet: https://www.ifraorg.org/Upload/Docs/22182_GD_2008_02_15_IFRA_RIFM_QRA_Information_booklet_V6.0_(46th_IFRA_Amendment).pdf
Additionally, you want to research the zoning laws in your area to see if you are allowed to produce edible products in your home. In the U.S., not all states require you (or permit you) to have your kitchen inspected.
When it comes to labeling edible products, the Fair Packaging and Labeling Act stipulates that "all food products should be labeled with the disclosure of ingredients, quantity, and weight of ingredients and labeled with the name and place of the person or business who makes and packages these goods." These guidelines are very similar to those used for cosmetic products.
You will also need to include on your label whether or not your edible items contain nuts, dairy or other common allergens. Allergy statements should also include whether or not your products are produced in a facility that processes or handles common allergens.
Once these requirements are in place, you should familiarize yourself with the shipping requirements (each carrier is different) regarding perishable and edible products. Determine what restrictions there are when shipping something perishable and investigate special packaging such as "cold packs" or expedited shipping to prevent spoilage.
You're probably thinking that you just want to formulate "safer" or more "natural" cosmetics by using common food products and herbs as your ingredients, so why are we talking about food regulations when it comes to natural "food-based" cosmetics? It comes down to perception and intent. While the use of edible raw materials in many cosmetic formulations is commonplace, the practice does not necessarily always result in an end product that may be consumed. However, when you advertise or market a cosmetic as "edible" or "safe for consumption" you change the playing field from cosmetics to food.
To further clarify this, let's look at the term "lip-safe." If raw materials are labeled as "lip-safe," it means those materials are permitted for manufacturing cosmetics intended to be used on the lips. A lip-safe ingredient is not necessarily an edible ingredient and vice versa. Generally speaking, a lip-safe raw material must meet safety requirements to mitigate the risk of a small amount of that material being swallowed (or ingested) during typical use of the finished product.
Flavor is a commonly used term for an ingredient or combination of materials used to give a taste (flavor) to a personal care product. Flavors are usually used in products subject to ingestion, such as lipsticks or oral hygiene products. Many ingredients that function as fragrance components can also be used as Flavor compounds. According to the U.S. Food and Drug Administration, the term "flavor" on a product label signifies "any natural or synthetic substance or substances used solely to impart a taste to a cosmetic product."
Many "lip-safe" ingredients also have a maximum safe usage rate to help minimize the risk should it be accidentally ingested. Besides oral care products like mouthwashes and toothpaste, other products that are not edible also risk the possibility of ingestion of tiny amounts of the fragrance. These include lip products of all types (solid and liquid lipsticks, balms, etc.), and certain types of scented children's toys (where there is the likelihood of oral contact). Fragrances used in products that might be inadvertently ingested must comply with guidelines set forth by the International Organization of the Flavor Industry. You will notice there is an International Fragrance Association guideline for each fragrance and specific IFRA guidelines for finished products to be used on the lips. This guideline is set forth under Category 1 of the IFRA standard. Lip safety in cosmetics does not just apply to fragrance, but also to color additives. Color additives are highly regulated by the FDA, and you need to familiarize yourself with the color additives permitted for use in cosmetics. The FDA keeps updated color guidelines at the FDA website, and it is your responsibility to cross check supplier provided information on the federal website. Color guidelines can change at any time as new information is accrued regarding the safety and usage of colorants. The two charts that pertain specifically to cosmetic products are:
Color Additives That Are Exempt from Certification and Permitted for Use in Cosmetics (21 CFR Part 73 Subpart C-Cosmetics) Color Additives That Are Subject to Certification and Permitted for Use in Cosmetics* Includes Straight Colors and Lakes (21 CFR Part 74 Subpart C-Cosmetics and 21 CFR Part 82 Subparts B, C, and D)
For cosmetic products intended for contact with the lips, familiarize yourself with the column titled "Generally (Includes Lipsticks)." If this column lists "NO" for the colorant you wish to use, then you may not use it in any product that may come in contact with the lips. This category would also include cosmetics such as flavored massage oils or flavored body paints intended to come into contact with the mouth.
Another product type worth mentioning is cosmetics that are created or packaged to imitate food or that appeal to children. Ultra-realistic soaps and bath bombs that look like cakes or cupcakes and even bacon are an interesting novelty but need to be labeled with proper precautions to clarify the appropriate use and minimize confusion. Children, in particular, are most likely to be injured due to accidental ingestion of realistic, food shaped cosmetics. Children at highest risk for unintentional poisoning are those around the age of two since they are most likely to put cosmetics (and everything else) into their mouths and are also unable to read warning labels. Sweet, fruity and candy-like fragrances can also be confusing when marketed to children in non-edible products.
While it can be difficult for the home-crafter or small business to invest in child-proof packaging, taking a few extra steps to safeguard potentially dangerous products can help put your mind (and the consumer's mind) to rest. Some safeguarding measures include the use of internal safety seals and shrink-wrapping external containers. Appropriate warning statements on labels (such as "Keep Out Of Reach Of Children," "Not Intended For Use By Children," "Not For Human Consumption," etc.) combined with correctly marketing any food-shaped, brightly colored, and food-scented products can help limit the risk of oral exposure, protect your business and protect the consumer.
References:
Fair Packaging And Labeling Act: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-packaging-labeling-act
Color Additives: https://www.fda.gov/ForIndustry/ColorAdditives/GuidanceComplianceRegulatoryInformation/ColorAdditiveListingRegulations/default.htm
Color Additives Permitted for Use in Cosmetics: https://www.fda.gov/Cosmetics/Labeling/IngredientNames/ucm109084.htm
IFRA Information Booklet: https://www.ifraorg.org/Upload/Docs/22182_GD_2008_02_15_IFRA_RIFM_QRA_Information_booklet_V6.0_(46th_IFRA_Amendment).pdf
