In the United States, what you say about a skincare product can change what it legally is. The same cream can be a cosmetic, or a drug, depending on the claims. Here's the difference. This is general information, not legal advice.
It depends on the claim
A cosmetic is for cleansing, beautifying, or changing how you look. A drug is intended to treat or prevent a disease, or to affect the structure or function of the body. What decides it is the intended use, and your product page is evidence of that.
- Cosmetic: Cleanse, beautify, change appearance
- Drug: Treat or prevent disease, or change how the body works
- Decided by: Intended use, including your product copy
Appearance versus effect
Here's how that plays out. Reduces the appearance of fine lines is a cosmetic claim. Removes wrinkles, or rebuilds collagen, describes a change to the skin itself, which is drug territory.
| Drug claim | Cosmetic claim |
|---|---|
| Removes wrinkles and rebuilds collagen | Reduces the appearance of fine lines |
Words to watch
Watch for words that name a condition: acne, eczema, rosacea, dandruff. And remember that some products are regulated as drugs because of what they do. Sunscreen is the common one.
- ❌ “Treats acne”, “heals eczema”
- ❌ “Anti-inflammatory”, “kills bacteria”
- Note: Sunscreens are regulated as drugs
Doing this at scale
ContentGuard scans your product descriptions against the rule profile you choose, including a United States cosmetics and OTC drug profile. It flags each claim as safe, risky, or prohibited, cites the rule, and suggests a rewrite. It's a screening tool, not a substitute for legal review. See ContentGuard.