6 FDA Compliance Traps Every Online Beauty Brand Must Avoid

Selling cosmetics online is easier than ever. You can launch a Shopify store, partner with Amazon, work with influencers, and reach customers worldwide, all without a physical storefront.

But here's what most digital-first beauty brands don't realize: the FDA and FTC don't care that you're "just" an online business. The same regulations apply to you, and in some cases, e-commerce creates additional compliance risks.

Skip even one of these requirements, and you could face warning letters, product seizures, marketplace bans, or lawsuits.

Here are 6 FDA compliance traps every online beauty brand must avoid.

1. Your Website Is Your Label (And It Better Comply)

When you sell cosmetics online, your product page isn't just marketing—it's part of your product's labeling under FDA law. That means every claim, every ingredient list, and every image must comply with the same regulations as the physical label.

Under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA), cosmetics sold online must provide consumers with accessible ingredient information.

For products sold on a mail-order basis (which includes websites), the FDA allows you to include instructions on how to find the ingredient declaration.

But here's the catch: you must respond promptly to any such requests.

• What your product page must include: Product name and purpose, net quantity of contents, complete ingredient list in descending order of predominance, manufacturer's name and address, relevant warnings, and all text in English.

• The trap: Many online brands bury ingredient lists in hard-to-find PDFs or fail to include them at all. If a consumer can't easily find your ingredient list, your product is misbranded.

  
  

  Action Step: Create a clearly marked "Ingredients" section on every product page. Make it easy to find, easy to read, and mobile-friendly.

2. Drug Claims Will Get You Banned (On Amazon and Beyond)

The line between a cosmetic and a drug is razor-thin, and crossing it can result in your products being pulled from marketplaces and reclassified by the FDA.

According to the FDA, a product is a cosmetic if it's used for cleansing, beautifying, or enhancing appearance. It's a drug if it treats an illness, prevents a disease, or affects the way the body works.

The moment you claim your serum "reduces wrinkles" or your cream "heals acne," you've crossed into drug territory.

• Drug claims that will get you in trouble: "Treats acne," "Reduces wrinkles," "Heals eczema," "Prevents aging," "Cures dark spots."

• Safe cosmetic claims: "Cleanses skin," "Moisturizes," "Enhances appearance," "Promotes radiant skin."

• The Amazon trap: Amazon explicitly prohibits sellers from providing statements of cure or prevention unless the product is properly labeled as a drug and FDA-approved. Using terms like "FDA-approved" when your product isn't, or using the FDA logo, will get your listing removed.

  
  

  Action Step: Audit every piece of copy, your website, Amazon listings, social media posts, and influencer scripts. Remove any language that suggests your product treats, cures, or prevents a medical condition.

If your brand needs assistance with FDA compliance, contact Bustos Law Group for assistance.

3. Influencer Marketing Is FDA-Regulated (Yes, Really)

You hired an influencer to promote your new face serum. They post a glowing review on Instagram. Two weeks later, you get a warning letter from the FDA.

What happened?

The FDA and FTC jointly regulate influencer marketing for cosmetics. If an influencer makes drug claims on your behalf, even if you didn't tell them to, your company is liable. The FDA considers influencer posts to be advertisements or labeling on behalf of your brand.

• FTC disclosure requirements: Influencers must disclose any material connections to your brand (sponsorship, free products, affiliate commissions). Disclosures must be clear, conspicuous, and placed before the call to action. Vague hashtags like #partner or #collab are not sufficient; use #ad or #sponsored.

• FDA drug claim enforcement: If an influencer claims your product "treats acne" or "reduces wrinkles," the FDA can hold you responsible. The FDA has sent warning letters to cosmetics companies based solely on influencer posts.

• The before-and-after photo trap: Misleading or altered before-and-after photos can attract both FDA and FTC scrutiny.

  
  

  Action Step: Provide influencers with clear guidelines that outline acceptable claims. Review all influencer content before it goes live.

  
  

4. Amazon Has Its Own Rules (And They're Stricter Than the FDA's)

If you sell on Amazon, you're not just dealing with the FDA; you're also dealing with Amazon's own cosmetics policies, which in some cases are more restrictive than federal law. Amazon prohibits cosmetics that contain certain ingredients, even if FDA-approved.

For example, Amazon bans cosmetics with over 12% hydrogen peroxide, over 16 ounces of acetone in nail polish remover, and ingredients made from dolphins, porpoises, sharks, and whales.

• Amazon-specific prohibitions: Toxic air contaminants in hairsprays/deodorants/antiperspirants, microbeads, methylene glycol in hair smoothing products, kohl/kajal/surma in eye makeup, and mercury in skin creams.

• Dangerous goods documentation: If your product is classified as a "dangerous good" (e.g., essential oils, hairspray, nail polish, spray deodorants), Amazon requires a safety data sheet (SDS), test reports, UN number, product weight/volume, and GHS pictograms.

• The "tester" trap: Amazon forbids terms like "tester," "not for retail sale," or "not intended for resale" on product listings.

  
  

  Action Step: Review Amazon's cosmetics requirements page before listing any product. Ensure you have all the required documentation for dangerous goods.

  
  

5. Your 3PL Partner Can Sink Your Compliance

If you're using a third-party logistics (3PL) provider to fulfill your orders, you're not off the hook for compliance. The FDA holds you responsible for how your products are stored, handled, and shipped.

Fulfillment providers must ensure that products are stored, handled, and shipped according to FDA requirements, including temperature control, traceability, and accurate documentation.

• Critical fulfillment compliance factors: Temperature control (some cosmetics require specific temperature settings during storage and transit), traceability (the ability to track batches and lot numbers is critical for recall management), and Good Manufacturing Practices (GMPs) - facilities storing regulated products must follow strict hygiene and operational standards.

  
  

• Action Step: Partner with a 3PL that has experience with FDA-regulated products. Ask for documentation of their GMP compliance, temperature control systems, and traceability processes.

  
  

6. State Laws Can Be Stricter Than Federal Law

The FDA sets the baseline for cosmetics regulation, but individual states can impose additional requirements. If you sell cosmetics online, you must comply with the laws of every state where you ship products.

For example, Washington state bans the sale of disposable pre-moistened wipes that don't carry the "Do Not Flush" symbol on the packaging's display panel. California has its own restrictions on certain chemicals. New York has specific labeling requirements for certain product categories.

• The multi-state trap: If you sell nationwide, you need to ensure your products comply with the strictest state laws, not just federal law.

  
  

  Action Step: Research the cosmetics regulations in the states where you do the most business. If you're selling nationwide, consult with a regulatory attorney to ensure compliance with state-specific requirements.

  
  

The Bottom Line: E-Commerce Doesn't Mean Less Compliance

Too many online beauty brands assume that because they're "just" selling online, they can skip compliance steps that traditional retailers follow.

That's a dangerous mistake. The FDA and FTC are cracking down on digital-first brands, and marketplaces like Amazon are enforcing strict policies.

Compliance doesn't have to be complicated. With the right systems, clear product pages, compliant marketing copy, vetted 3PL partners, and understanding of federal and state laws, you can build a thriving online beauty brand without constant fear of enforcement action.