Organic and Natural Claims on Cosmetics in the US Market: What Foreign Brands Can and Cannot Say

Foreign cosmetic brands entering the US market frequently use terms like 'natural,' 'organic,' 'clean,' 'green,' and 'plant-based' on their products and marketing materials. In many home markets, these terms are either unregulated, loosely defined, or governed by private certification standards. In the United States, the regulatory landscape for these claims is fragmented across multiple federal agencies — the FDA, the USDA, and the FTC all have jurisdiction over different aspects of cosmetic marketing claims, and the rules are not always intuitive. A foreign brand that uses 'organic' on a cosmetic label without USDA certification may face enforcement action. A brand that claims 'natural' without qualification may face FTC scrutiny for deceptive advertising. Understanding these overlapping jurisdictions is essential for foreign brands that want to market their products' ingredient quality without triggering regulatory problems.

The FDA's position on 'natural' cosmetics

The FDA has not established a regulatory definition of 'natural' as applied to cosmetic products. Unlike the USDA, which defines 'organic' under the National Organic Program, the FDA has no rule, guidance, or standard that specifies what a cosmetic must contain — or not contain — to be labeled 'natural.' The FDA's position is that cosmetic labels must not be misleading under Section 602 of the FD&C Act, which means that a product labeled 'natural' should not contain ingredients that a reasonable consumer would not consider natural. But without a regulatory definition, there is no bright-line test, and the FDA has generally not taken enforcement action based solely on 'natural' claims in cosmetics.

This does not mean that 'natural' claims are risk-free. The Federal Trade Commission (FTC) has authority over advertising claims, including claims made on websites, social media, and in marketing materials. The FTC's Green Guides provide guidance on environmental marketing claims, and while they do not specifically address 'natural' claims in cosmetics, the FTC's general standard — that marketing claims must be truthful, not misleading, and substantiated — applies to all consumer products. A cosmetic brand that prominently markets a product as 'all natural' while the product contains synthetic preservatives, synthetic fragrances, or synthetic color additives could face an FTC enforcement action for deceptive advertising.

USDA organic certification for cosmetics

The term 'organic' on cosmetic products is governed by the USDA National Organic Program (NOP), not by the FDA. To use the USDA Organic seal on a cosmetic product, the product must be certified organic by a USDA-accredited certifying agent, and it must meet the same organic standards that apply to food — meaning at least 95 percent of the ingredients (excluding water and salt) must be organically produced. Products with 70 to 95 percent organic ingredients may state 'Made with organic [ingredient name]' but cannot use the USDA Organic seal. Products with less than 70 percent organic ingredients may list organic ingredients in the ingredient declaration but cannot make organic claims on the principal display panel or use the USDA seal.

Foreign cosmetic brands must understand that European organic certifications (such as COSMOS, Ecocert, or Natrue) are not equivalent to USDA organic certification. A product certified organic under COSMOS in France cannot display the USDA Organic seal in the United States without separate USDA NOP certification. The certification standards, ingredient requirements, and auditing processes differ between European and US organic programs, and a product that qualifies as organic under one system may not qualify under the other. Foreign brands seeking to use organic claims in the US market must obtain USDA-accredited certification specifically for that purpose.

Clean beauty and other marketing claims

'Clean beauty' is a marketing term with no regulatory definition in the United States. Neither the FDA, the USDA, nor the FTC has defined what 'clean' means in the context of cosmetics. Private retailers — such as Sephora (Clean at Sephora program), Ulta Beauty, and Credo Beauty — have developed their own 'clean' standards that exclude specific ingredients, but these are commercial requirements, not regulatory ones. Foreign brands seeking placement in US retailers with clean beauty programs must comply with each retailer's specific prohibited ingredient list, which may be more restrictive than FDA regulations. However, making 'clean' claims on product labels or in advertising carries the same FTC truthfulness requirements as any other marketing claim.

State-level ingredient restrictions

Several US states have enacted or proposed legislation restricting specific ingredients in cosmetic products, creating a patchwork of requirements that supplements federal FDA regulation. California has been particularly active, with Proposition 65 requiring warnings for products containing listed carcinogens or reproductive toxins, and recent legislation restricting PFAS, formaldehyde, and other substances in cosmetics. Maryland, Washington, Oregon, and other states have also enacted cosmetic ingredient restrictions. Foreign brands marketing nationally in the US must comply with the most restrictive state requirements for any state where their products are sold — which, for brands sold online or through national retailers, effectively means complying with the strictest state standard.

How FDABridge helps with cosmetic marketing compliance

FDABridge provides MoCRA facility registration and product listing services for foreign cosmetic brands and can advise on the labeling and marketing claims review process needed before entering the US market. Our team helps foreign brands understand the intersection of FDA, USDA, and FTC requirements for cosmetic marketing claims. Visit fdabridge.com/cosmetics to see our cosmetics services or fdabridge.com/contact to discuss your product portfolio.