Buy a full case and the price per unit drops automaticallyRequest a sample
AccountCart0
All ContainersBottlesJarsCaps & ClosuresPumps & SprayersTubs & PailsJugsDroppersTinsTubesAccessories
Industries
Personal CareShop all 934 items →
AromatherapyBathBath →Body careBody care →Color cosmeticsColor cosmetics →DeodorantDeodorant →FragranceFragrance →GroomingHair careLip careLip care →NailNail →Oral careOral care →Skin and faceSkin and face →Soap and washSoapmaking →Sun and protectionSun and protection →
Learn:BathBody careColor cosmeticsDeodorantFragranceLip careNailOral careSkin and faceSoapmakingSun and protectionEverything we have written →
Learn
Beekeeping100Hot sauce making90Jam and preserves96Pickles and ferments64Sauces and condiments36Syrups36Oils and vinegars34Nut butters and spreads33Dairy and alternatives33Coffee and tea36Confection31Resin and casting27Supplement liquids23Laboratory17Dispensing13Photography and darkroom14Industrial chemical14Prepared and deli15Body care14Color cosmetics13Bath14Pet health15Toiletry decanting14Oral care14Capsules and tablets14Nail14Fragrance15Deodorant17Fossils16Janitorial16Baking and dry goods16Seed storage17Specimens16Paint and ink18Automotive fluids18Wax melts17Diffusers17Detailing15Sun and protection18Dish and hand16Soapmaking91Candle making93Beverages92Cleaning products92Lip care89Minerals and rocks93Powders91Skin and face91Spices and seasoning91Findings and components16
All 1,895 pages we have written →
Soapmaking
All Containers›Shop by use case›Soapmaking›Selling it›What you may legally call itShop all soap and wash →
Selling it

What you may legally call it

By Dwight Davis, Founder

Updated

On this page5

A vocabulary page, because in this craft the wrong adjective changes which agency regulates you.

Words carry the category

The soap exemption requires that the product be labeled, sold and represented only as soap.

So the claim is not a marketing layer on top of a settled product. It is one of the two conditions that decide the category.

Which means the copy, the label, the website and the market table sign are all part of the determination, and they have to agree with each other.

The words that keep the exemption

Soap. Bar soap. Cleans. Washes. A description of what is in it. A description of how it was made. The scent, named as a scent.

These say the product cleans and say nothing more, which is what the exemption requires.

Notice how narrow that is compared with how most handmade soap is actually sold.

The words that make it a cosmetic

Moisturizing. Nourishing. Softening. Gentle on skin. Anti-aging. Cleansing and conditioning.

Any claim to beautify, promote attractiveness or alter the appearance.

One of these anywhere in your representation and the exemption is gone, whatever the composition.

That is not a disaster. It means you label it as a cosmetic, which is entirely normal.

The words that make it a drug

Antibacterial. Antimicrobial. Treats acne. Relieves eczema. Heals. Kills germs. Anti-fungal.

Anything offered to treat or prevent disease, or to affect the structure or function of the body.

These are the expensive ones, and they are also the easiest to say by accident, particularly around tea tree, sulfur, and anything sold near a skin condition.

And note that an established name or a well-known intended use can carry the claim even when the label does not say it outright.

References

21 CFR 701.20. FDA interprets "soap" to apply only to articles where the bulk of the non-volatile matter consists of an alkali salt of fatty acids, the detergent properties are due to those alkali-fatty acid compounds, and the product is labeled, sold and represented only as soap. ecfr.gov
US Food and Drug Administration. Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?). How intended use, established by claims, decides which of the three a product is. fda.gov
US Food and Drug Administration. Cosmetic versus drug: a product making a therapeutic claim, or offered to treat or prevent a condition, is a drug. fda.gov
US Food and Drug Administration. Cosmetics Labeling Guide, and the cosmetic labeling requirements that apply the moment a product is not exempt soap. fda.gov
Written from the federal regulation and FDA and CPSC guidance named on each page, not from a laboratory or a legal practice. Whether a particular product and a particular label make exempt soap, a cosmetic or a drug is a determination about your product, and this is not that determination.