Re: I was afraid of this..
Posted by Catherine Cartwright Jones on May 10, 2001 at 17:30:57:
In reply to: I was afraid of this.. posted by Denise on May 10, 2001 at 16:56:08:
: Catherine your our big gun here. Any idea's?Unfortunately, I'm not a lawyer,(nor does that webpage appear to be a
proper legal statement) and I've got a plane to catch in a few
hours....so .... I'm not going to be as helpful here as I'd like...
I just posted a followup on the "grey area" ....
Looks to me as though we have a sufficient loophole to work legally as
sidewalk vendors (and household artists) if we're able to prove that
we have pure adulterated henna!
Pure henna is not deemed ILLEGAL, it is simply not on the approved
list (nor can it be on an approved list, because it not in a group the
FDA is authorized to rule on). That's as it was explaned to me by an
agent of the FDA 3 years ago. If it's pure, and if there's no
mislabeling, and no one's getting hurt .. there's no problem. The
only thing the FDA is going after *that I can see* is mislabeled henna
products, inaccurate or incomplete ingredient lists, and specifically
PPD black henna. The rest of us can be nervous .. and ready to back
up our ingredient list .. but I don't see that we're out of the game.
PPD is CLEARLY ILLEGAL. We're grey. We always were grey.
"Except for color additives, FDA does not have the authority to
approve cosmetic products or ingredients, although the use of
several substances in cosmetics is prohibited or restricted due to
safety concerns. However, if the safety of the product or its
ingredients has not been substantiated, the product is misbranded--and
therefore illegal in interstate commerce--if it does not have
this warning on the label:
"Warning-The safety of this product has not been determined."
Follow Ups