Can Changes in FDA Regulation Affect Your Beauty Products?

If you ask Robert F. Kennedy Jr., Americans are incredibly unhealthy—and he’s on a mission to Make America Healthy Again (MAHA). He first began campaigning as an independent presidential candidate, then became the father of the MAHA movement, a subsidiary of the Trump presidential campaign, and now is Trump’s pick to lead the Department of Health and Human Services (HHS)—which includes the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), and many other government agencies.

While experts across the political spectrum are generally in favor of stricter regulations around food, supplement, and personal-care products, Kennedy has stated that he plans to downsize these agencies (FYI, he told the FDA to “pack their bags” in a post on Twitter/X back in October 2024).

As a reminder, the FDA currently regulates a wide range of products, from the foods you eat to the prescription medications you take. But it’s far from a perfect system—especially when it comes to the beauty industry. Unlike with food and drugs, most beauty products don’t require FDA approval before they’re allowed to be sold to consumers, save for a few exceptions, like sunscreen (more on that below).

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And while we can agree that the stringent regulation of food takes priority over the regulation of, say, lipstick, it still begs the question: Where could these governmental changes leave beauty consumers? Ahead, industry insiders weigh in on how the MAHA movement may impact your favorite beauty products—and share how we can all be better beauty shoppers.

The FDA’s influence on the beauty industry

If this is the first time you’ve heard that the FDA doesn’t strictly regulate cosmetics, skincare, and hair products, here’s a quick rundown of the facts. The FDA classifies most beauty products as low risk to health as compared to drugs and medical devices.

The Federal Food, Drug, and Cosmetic Act (FD&C) Act, which was passed in 1938, shares specific definitions for food, drugs, and cosmetics. In section 201i of the FD&C Act, cosmetics are defined as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.” This includes a variety of cosmetics—from lipstick to perfumes or deodorants to hair dye.

On the other hand, drugs are defined as articles that help with the diagnosis, treatment, and prevention of diseases, per section 201g of the FD&C Act. Because cosmetics don’t affect the overall function or structure of the body and are not intended to be used for the treatment and prevention of health conditions, they are not subject to the same level of scrutiny as drugs.

What power the FDA does have in regard to cosmetic ingredients comes largely from The Modernization of Cosmetics Regulation Act (MoCRA), which was just recently passed in 2022 to further regulate personal-care products. The legislation gives the FDA authority specifically around recalls and requires cosmetic companies to register their products and ingredients with the FDA before they go to market. But if Kennedy has his way with the FDA, what happens to MoCRA?

“If the FDA is gutted or falls completely, cosmetics will go back to being [as] unregulated [as they were before],” says cosmetic chemist Ron Robinson, founder of the skincare brand BeautyStat. “This means that most manufacturers will continue to work to make sure their products are safe for consumers, but it could invite some bad actors looking to cut corners by selling products that may not be safe for consumers.”

Although that sounds scary, it’s important to understand that it isn’t that different from what you’ve been used to. Ensuring product safety has historically been the beauty manufacturer’s responsibility, not the government’s. This is the reason why you might see potentially shady products enter online marketspaces (hence why we don’t buy our skincare from, say, Temu). Of course, if the FDA’s role were reduced or totally eliminated, it could increase the risk of unsafe products entering the market, though reputable brands would likely continue their safety efforts.

But what about sunscreens?

Interestingly, sunscreen is one category that does have significantly stricter FDA regulation. Compared to the rest of the world—where sunscreens are largely classified as cosmetics and, thus, have less oversight—sunscreens in the U.S. are classified as over-the-counter drugs, requiring them to comply with specific rules around active ingredients, labeling, and testing before they can be sold.

However, with the good comes the bad: The approval process for new sunscreen ingredients in the U.S. is notoriously slow and expensive. In fact, no new UV filters have been approved in the U.S. since 1999. Meanwhile, Europe and Asia have introduced numerous innovative UV filters that offer greater cosmetic elegance and better wearability—all while undergoing rigorous safety assessments before reaching the market. So although reducing FDA oversight could potentially allow for faster access to new sunscreen formulations, it might also increase the risk of less safe and reliable products.

“Sunscreen is a category I’m terrified [could be impacted],” says Charlotte Palermino, licensed esthetician and founder of Dieux Skin. “I’m already seeing on social media that people are selling beef tallow as sunscreen. Who’s going to stop them? Not the FDA, if they’re gutted. Not the FTC [Federal Trade Commission]. There’s nothing to stop them—and this is skin cancer we’re talking about now.”

Robinson also believes that big changes at the FDA do not bode well for scientific advancement: “Research could be delayed or halted, and that means less safety and performance data will be available to the public,” he says. Ultimately, ingredient innovation could become even slower if these agencies—and the scientists who work for them—have less funding. And if a brand decides to launch an SPF 250 formulated with beef tallow instead of zinc oxide, there may not be regulations in place to keep them from selling it.

However, let’s keep in mind that no official changes to the FDA regulations have been made as of yet, so there’s nothing to worry about imminently. These are just potential cautions to be on the lookout for in the coming days and weeks.

How to be a better beauty shopper

It’s important to remember that we aren’t at the point of total deregulation right now, and we have no idea what the future will hold for the FDA. Still, if you’re understandably concerned, experts recommend a few key strategies to shop smarter in an evolving regulatory landscape:

Look for brands that conduct peer-reviewed studies

“These studies can verify product claims, measure product performance, and assess the safety of new ingredients,” says Robinson. Even though independent studies and brand-conducted research aren’t systematically checked by the FDA, they do help illuminate which brands truly prioritize transparency, science, and efficacy.

Shop through a retailer you trust

“When you walk into a Sephora, Ulta, or Target, there actually are checks and balances in terms of what is being carried there,” says Palermino. Take the Ulta Beauty Vendor Standards, for example, which vets Ulta-approved products for everything from health and safety to manufacturing labor practices. In general, major retailers often have stricter vetting processes compared to secondary marketplaces like Amazon or Walmart, which can inadvertently sell compromised or counterfeit products.

Considering buying from big-name brands

The larger a beauty brand is—especially on an international scale—the more likely they are to follow the “rules,” whether or not the FDA is enforcing them. That’s not to say indie beauty brands can’t be trusted; there are tons of reputable small-batch companies producing safe and effective products. But if you’re buying directly from a brand’s website and it doesn’t have many reviews, look for clinical studies, certificates of analysis, and third-party testing to feel extra safe.

So, what’s next?

While it’s important to stay informed and vigilant, remember that Kennedy’s appointment hasn’t even been confirmed yet, meaning there’s a lot of uncertainty and speculation right now. But if the second Trump administration follows the first administration’s track record of deregulation, we may see beauty and personal-care regulations (like MoCRA) rolled back or go unenforced.

Luckily, the beauty industry is massive, and there are tons of reputable brands committed to maintaining their high standards, regardless of regulatory changes. So if you’re feeling overwhelmed, take a breath and focus on the practical steps you can take right now: understanding product labels, researching trusted brands, and being mindful of where you shop.