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Questions and Answers Regarding Mandatory Cosmetics Recalls: Guidance for Industry : Draft Guidance for Industry

DraftOffice of Inspections and Investigations12/17/2025

Scope & Applicability

Product Classes

3
Device

Defined in section 201(h) of the FD&C Act; Instrument or apparatus which does not achieve primary purpose through chemical action; Product classification based on primary intended purpose and chemical action

Drug

Defined in section 201(g) of the FD&C Act; Articles intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease; Product classification based on chemical action or specific intended uses like altering pH

Cosmetic

Subject to sampling requirements under 702(b).; Cosmetic means articles intended to be rubbed, poured, sprinkled, or sprayed on the human body

Stakeholders

2
FDA Commissioner

Final decision maker for FDA referrals

Responsible Person

Individual authorized to determine and document eligibility; Individual who may be consulted regarding plasma dilution situations.

Identified Hazards

Hazards

2
SAHCOD

Serious adverse health consequences or death

Serious adverse health consequences or death

Threshold for requiring an onsite audit of a supplier

Related CFR Sections (3)

See Also (8)