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The warnings

The foaming bath caution

Updated

On this page8
The exemption is a labeling choice with a market cost, which is an unusual shape for a rule.

What a foaming detergent bath product is

Any product intended to be added to a bath for the purpose of producing foam that contains a surface-active agent serving as a detergent or foaming ingredient. A functional definition, so it is about what the product does rather than what it is called.

Which reaches more than bubble bath

A foaming bath soak or a bath bomb formulated to foam can fall inside it, because the test is foam production and a surfactant. "Bubble bath" is a name, and the definition does not turn on names.

The caution, verbatim

"Caution - Use only as directed. Excessive use or prolonged exposure may cause irritation to skin and urinary tract. Discontinue use if rash, redness, or itching occurs. Consult your physician if irritation persists. Keep out of reach of children."

Plus adequate directions for safe use

The paragraph asks for both, and the directions are the part that gets forgotten because the caution is the quotable half. How much to use, in what volume of water, is the direction a customer actually needs.

The exemption

Except for those products that are labeled as intended for use exclusively by adults. So the caution is not required where the product is labeled that way, and the labeling is the condition.

And the children’s permission

In the case of products intended for use by children, the phrase "except under adult supervision" may be added at the end of the last sentence. That softens "Keep out of reach of children" for a product that is genuinely for them.

So three positions, not two

Adults only and no caution. For children with the caution and the added phrase. Or general use with the caution as written. Choosing deliberately is better than discovering which one you are in.

References

21 CFR 740.17, Foaming detergent bath products, which defines such a product as anything intended to be added to a bath to produce foam that contains a surface-active agent serving as a detergent or foaming ingredient, and requires a prescribed caution and adequate directions for safe use except for products labeled as intended for use exclusively by adults. law.cornell.edu
21 CFR 740.1, which requires the label of a cosmetic product to bear a warning statement whenever necessary or appropriate to prevent a health hazard that may be associated with the product. law.cornell.edu
Written from federal regulation, not from a formulation bench. Substantiating the safety of a cosmetic is a real body of work and nothing here is a substitute for it. Whether a particular product is a foaming detergent bath product within 21 CFR 740.17 turns on what it is and what it is intended for.