Mississippi direct-to-consumer compliance, guide 4 of 24
Body Care
Lotions, balms and scrubs are cosmetics under federal law, with a small-business carve-out.
Federal Rules ApplyWhat is covered
- Lotions, balms, scrubs and bath products with cosmetic claims only
- True soap making only cleansing claims
- Small makers under the $1 million average
Needs a different path
- Products claiming to treat acne, dandruff or eczema, or giving SPF (drug rules)
- Injectables, internal-use or eye-area products and others that lose the exemption
- Edible products (food path)
Three compliance steps
- A
Classify the claim
Cosmetics cleanse, beautify or alter appearance. Treatment or protection claims make a product an over-the-counter drug.
- B
Check the exemption
Average cosmetic sales under $1 million over three years excuse facility registration, product listing and good manufacturing practice. Safety substantiation and adverse-event reporting still apply.
- C
Label and record
List ingredients, net quantity, and your name and address. Keep safety records and log any serious adverse events.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Facility registration | Small businesses (under $1 million average) are exempt | FDA / MoCRA |
| Product listing | Exempt for qualifying small businesses | FDA / MoCRA |
| Safety substantiation | Required for every product, exempt or not | FDA / MoCRA |
| Adverse events | Report serious events within 15 business days; keep records 3 years if small | FDA / MoCRA |
| Soap | True soap with cleansing-only claims is outside the cosmetic definition | FDA / CPSC |
| Selling | Register for sales tax; crafts are taxable at certified markets | MS DOR / MDAC |
Common questions
Does the small-business exemption cover everything?
No. Safety substantiation and serious adverse-event reporting still apply, and some product types lose the exemption regardless of revenue.
Is sunscreen a cosmetic?
No. SPF claims make it a drug with its own FDA rules.
Does Mississippi license cosmetic makers?
No state cosmetic license turned up in research. Confirm local licensing with your city or county.
Printable checklist
- Claims reviewed for drug language
- Exemption eligibility documented
- Safety substantiation on file per product
- Ingredient list on label
- Net quantity and maker address on label
- Adverse-event log started
- Sales tax registration complete