Listing Policy: Cosmetics & Beauty Care

 Cosmetics, Beauty, and Health Care Policy

Packaging

  1. Items must have original seal in original manufacturer’s packaging
  2. In accordance with #1, items must be NEW.  No cosmetics can be sold as USED on the MarketStop marketplace.
  3. All identifying codes must be present and visible on the packaging, including, but not limited to, UPC Codes and/or QR Codes
  4. All item packaging must be written in the English language, visibly displaying the ensuing data:

    1. Name of the product
    2. Name and address of the distributor or manufacturer (may include packaging plant)
    3. Product volume in terms of weight, measure, count, or a combination of any of these
    4. Mandatory label cautionings
    5. The purpose or use of the product (e.g. cleansing the body, reducing the appearance of wrinkles, moisturizing the skin)
    6. Product ingredients
  5. Only FDA approved products can display labels that declare when said product can cure, mitigate, treat, or prevent a disease in humans
  6. Because products cannot be FDA approved on a daily basis, it is wise for cosmetic labels not to bear the words “FDA approved,” even if they are FDA approved
  7. The FDA logo must never be used, due to trademark/copyright issues
  8. Labels MAY state “tester,” “not for retail sale,” or “not intended for resale,” as long as it is clearly shown in the listing photo and noted in the title and description of the listing

For more FDA related information, visit the USDA resources here:  Summary of Labeling Requirements and here:  Is It Really ‘FDA Approved?’.

Products & Ingredients

  1. Product cannot currently be listed in an FDA recall or safety alert  (See here:  Recalls, Market Withdrawals, & Safety Alerts)
  2. Prohibited ingredients are strictly forbidden  (See here:  Prohibited & Restricted Ingredients)
  3. Item must not be recognized as one that the Food and Drug Administration (FDA) has determined unsafe, such as:

    1. Products that contain methylene glycol  (See here:  Hair-Smoothing Products That Release Formaldehyde When Heated)
    2. Eyelash and eyebrow permanent dye (See here:  Use Eye Cosmetics Safely)
    3. Eye makeup containing heavy metals, such as Kohl, Kajal, Al-Kahal, or Surma  (See here:  Use Eye Cosmetics Safely)
    4. Any cosmetics containing mercury  (See here:  Mercury Poisoning Linked to Skin Products)
  4. Cosmetics must not contain controlled substances, for instance:

    1. Anything listed in Schedules I, II, III, IV or V of the Controlled Substances Act  (See here:  Schedules of Controlled Substances)
    2. “List I” chemicals or their derivatives as designated by the DEA  (See here:  List I and List II Chemicals)
  5. Cosmetics cannot include plastic micro-beads  (See here:  The Micro-bead-Free Waters Act: FAQs)
  6. In order to be sold in the states of California and New York, antiperspirants, deodorants, and hair sprays must not contain air contaminants  (See here:  California Air Resources Board Consumer Products Enforcement and New York Department of Environmental Conservation)
  7. Products must comply with MarketStop policies.  Prohibited items including:

    1. Cosmetics that contain ingredients derived from any and all protected species; water, land, or sea
    2. Cosmetics that contain more than 12% hydrogen peroxide
    3. The products LiLash, LiBrow, and InStyler rotating irons and Claire’s products may not be sold on the MarketStop marketplace
  8. Henna products are not illegal, and therefore, permitted for sale on MarketStop

Supplementary Material

  • The following database may help in determining whether or not a cosmetic includes a prohibited ingredient:  https://www.legitscript.com/

Known Constrained Items & Manufacturers

Due to manufacturer’s request or failure to meet requirements, MarketStop specifically prohibits the sale of the following cosmetics.  This list is a sample and does not include all cosmetic products constrained by MarketStop.

  • Corrective and cosmetic contact lenses
  • Latisse
  • Obagi Nu-Derm Sunfader
  • Obagi Nu-Derm Clear
  • Obagi Nu-Derm Blender
  • Obagi Elastiderm Decolletage Skin Lightening Complex
  • Obagi C-Therapy Nightcream
  • Obagi RX System Clarifying Serum
  • Products that contain an excess of 5% minoxidil
  • Bithionol
  • Brazilian Blowout Acai Professional Smoothing Solution
  • Chloroform
  • Halogenated salicylanilides
  • Methylene chloride
  • Vinyl chloride in aerosol products
  • Zirconium-containing complexes in aerosol products
  • Synthol, Synthrol, or Swethol posing oil

 Permitted Listings Model

  • New brushes, sponges, and applicators
  • Henna products are legal and, therefore, may be sold on the MarketStop Marketplace

 Conditional Allowances Model

  • Used brushes that are thoroughly cleaned
  • Open, unused items, but this must be made clear in the listing description
  • Homemade cosmetics that comply with FDA regulations
  • Used lotions, perfumes, colognes, eau de toilettes, or body washes, as long as there are no body-contact applicators
  • Testers or samples, but they must be enclosed in the original container
  • If you are selling something that is not FDA approved, like herbal or holistic supplements, you may not claim that its effects will mirror that of any prescription controlled drug
  • Hearing aids do not require a prescription and may be sold, however the FDA requires the following disclaimer to be included in every listing:“According to the FDA, it is in your best health interest to obtain a professional medical evaluation before purchasing a hearing aid, and you are encouraged to do so before bidding on this item. If you choose to not obtain a medical evaluation before purchasing this item, I am required by law to provide to you and obtain from you a signed written waiver of the medical evaluation, and I am required to provide to you a copy of the User Instruction Brochure for a hearing aid, review the contents of that brochure with you, and afford you time to read the brochure. You must provide to me either a signed statement from a physician or a signed waiver before I will deliver this item to you. Upon your request, I will also provide to you a copy of the User Instructional Brochure for the hearing aid or the name and address of the manufacturer or distributor from whom a User Instructional Brochure for the hearing aid can be obtained.”

    Your listing needs to contain the entire FDA statement as it appears above.  Copying and pasting is recommended for adding this disclaimer into your item description.  The statement must be included even if the item in the listing is antique, non-working, or non-prescription.

  • Disposable syringes/needles are prohibited in the MarketStop MarketPlace unless you are a pre-approved merchant in this specific topic

 Prohibited Listings Model

  • Used cosmetics are strictly forbidden from sale on the MarketStop Marketplace.  These items come into contact with the skin and, subsequently, have the ability to create health and safety concerns
  • Used sponges and/or used applicators, except as noted in the Conditional Allowances Model
  • Cosmetics that contain ingredients derived from any and all protected species; water, land, or sea
  • Cosmetics that contain more than 12% hydrogen peroxide
  • Lotions, perfumes, colognes, eau de toilettes, or body washes that do not come in the original container
  • LiLash, LiBrow, and InStyler rotating irons and Claire’s products
  • For more exclusions or restrictions, please see the Products & Ingredients section on this page
  • You may not declare that a stamina product has the same effects as a prescription ED drug
  • Medical devices requiring government authorization
  • Medical devices requiring a prescription (CPAP, BiPAP, TENS, EMS, etc.) (Don’t even try, it will be grounds for immediate loss of complete account; buying and selling, both)
  • Contact lenses
  • Prescription glasses (may market antique glasses for collectible purposes)
  • Implantable devices
  • Anything, tool-wise, that can be used to adjust pressure devices, like CPAPs, BiPAPs, VPAPs, APAPs, etc.

What is the reason for this MarketStop policy?

We compel our consumers and merchants to abide by all federal and state laws and regulations.  Sales of used cosmetics are prohibited by law, regulated, and can, potentially, cause damage to MarketStop and its valued members.  This policy is in place to raise awareness and keep health, safety, and livelihood of our consumers and merchants in check.

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