What does the law say about color additives, and DHA in particular?
The Federal Food, Drug, and Cosmetic Act (FD&C Act), Section 721 authorizes the regulation of color additives (other than coal-tar hair dyes), including their uses and restrictions. These regulations are found in Title 21, Code of Federal Regulations (21 CFR), beginning at Part 70. If a color additive is not permitted by regulation or is used in a way that does not comply with the specific regulation(s) authorizing its use, it is considered unsafe under the law. Such misuse of color additives causes a cosmetic to be adulterated. DHA is listed in the regulations as a color additive for use in imparting color to the human body. However, its use in cosmetics–including sunless “tanning” products–is restricted to external application (21 CFR 73.2150). According to the CFR, “externally applied” cosmetics are those “applied only to external parts of the body and not to the lips or any body surface covered by mucous membrane” (21 CFR 70.3v). The industry has not provided safety data to FDA i
