Beverage Alcohol & Cosmetics - What's the Law?

We get a lot of questions from those making perfumes, linen sprays or other cosmetics using drinking (beverage) alcohol like Vodka. The law regarding beverage alcohol in cosmetics and toiletries is finite. You may NOT legally sell skincare products manufactured with beverage alcohol.

The Alcohol, Tobacco and Firearms rules concerning the use of alcohol in cosmetics are straightforward and fairly easy to understand.

The first ATF rule is that beverage alcohol MAY NOT BE USED in cosmetics. Technically, the ATF considers you to be selling beverage alcohol without a license, proper reporting and payment of taxes.

The FDA also has specific rules about the use of alcohol. The FDA rule is straightforward: Bitrex must be added to prevent ingestion and accidental poisoning with no exceptions.

Specially denatured alcohol (SDA) must be used but only in certain approved formulas. Some denatured alcohol formulas contain toxic compounds that are not suitable for skin contact. These forbidden formulas include the paint and lacquer thinners available from the hardware store. Formulas that are legal for use in cosmetics may be directly distributed only to permitted users.

Many of the legal formulas contain compounds such as phthalates and coumarins. Some formulas use essential oils as denaturants, but this can restrict your fragrance choices as these products will smell like whichever essential oil was used as a denaturant. SDA 40 B is one of the more popular choices because it is denatured with other alcohols and Bitrex.

Once you have chosen the SDA alcohol you need for your project, you must legally obtain it in order to use it in your formulation. Sellers of SDA alcohol must possess an ATF permit to sell such material and may only sell SDA alcohol to a permitted user. A permitted user is someone or an organization that registers with ATF and pays the $250 annual tax. (NOTE: Only users and sellers of SDA alcohol are required to pay the $250 per year tax.)

Obtaining a permit from ATF simply allows you to obtain SD alcohol. It does not allow you to sell products made from it. ATF must approve your formula before you can begin selling. You must submit your formula and possibly samples to the ATF national laboratory for examination where an ATF agent will approve or reject your formula. Once your formula is approved, it may be sold without restriction to unlicensed individuals who may use it as they desire, but no one may attempt to convert it to beverage alcohol.

Tomorrow we will discuss shipping restrictions for products containing alcohol.

Allison B. Kontur
www.BathBodySupply.com