Soap, lotion, moisturizer, cream — and everything else cosmetic
LIMITED EXEMPTION
Bottom line: Florida exempts exactly four home-kitchen product types from cosmetic licensing — true soap, lotion, moisturizer, and cream — and nothing else. Federal MoCRA rules still apply to labeling and, above a sales threshold, facility registration.
The Path
Florida's Cosmetic Manufacturer Exemption (Fla. Stat. § 499.01(2)(p)) is narrow by design: it covers only soap, lotion, moisturizer, and cream made at home, with an FDA-compliant label, and nothing else — a lip balm, bath bomb, or scrub needs a DBPR Cosmetic Manufacturing Establishment permit instead. Separately, federal MoCRA rules (in force since mid-2024) require most U.S. cosmetic manufacturers to register their facility and list products with the FDA — but small businesses averaging under $1,000,000 a year in gross U.S. cosmetic sales over the prior three years are exempt from that federal registration and listing requirement, unless they make an excluded category like eye-area products or long-lasting appearance-altering products. Most home-based sellers fall under that threshold, but it's worth checking as sales grow.
What You Need
State exemption: true soap, lotion, moisturizer, or cream only, home-made, FDA-compliant label
Full INCI ingredient list descending by concentration, plus net quantity and business name/address
MoCRA: confirm whether your gross cosmetic sales are under the ~$1M federal small-business threshold
Watch Out For
Lip balm, bath bombs, body scrub, deodorant, and detergent-based shampoo bars are NOT covered by the state home exemption
No drug claims ("treats acne," "anti-aging") without OTC drug formulation and labeling
Once above the MoCRA small-business threshold, facility registration (FDA Form 5066) and product listing (Form 5067) become mandatory
"True soap" — made only from alkali salts of fatty acids and marketed strictly as soap — is regulated under the FTC's packaging law rather than as a cosmetic, but the moment it's marketed as moisturizing or exfoliating, it's a cosmetic.