I left the original entry below but I'm updating this because I've been given reason to say something in my own defense. Before I wrote this entry, I messaged several sellers on eBay of SpectraFlair-made polish and passed along the same quote (shown below) from TKB Trading. I did not imply a threat nor directly threaten any of these people in any way, I informed them of all the info below. I was TRYING to be helpful when I did this; maybe they were unaware and maybe I'd save someone from getting in trouble somehow later on with eBay themselves or the FDA or who knows. The responses I got were mixed but one in particular accused me of not doing my research, being poorly informed and "spreading propaganda" for quoting TKB who, in this person's opinion, would lie because they are selling a competing product. This is a very convenient stance for this person to take when they are making money off of it. And if they didn't believe me, they didn't have to be a jerk about it. Apparently they have no idea who I am, I am hardly unknown- I am not known for being poorly researched.
The section I put in red above I would like to, and should, clarify. The phrase I used about spreading propaganda was in one persons response while the rest of that sentence was a combination of other responses. I used that phrase in particular because it was articulate and stuck out in my head, a good summation of the general attitude I'd gotten. That person though, was not insulting like the others and was not the one who accused me of being poorly researched and informed, nor were they the one to say TKB would lie because of their own product.
I've done my damn research and plenty of it, I'm aware other companies, Sally Hansen included, have used SpectraFlair. I've done more research on more franken polish related topics than almost anyone I know and I am insulted by the response(s) I received. It is very sad commentary that being kind, being helpful, is not always recognized.
The section I put in red above I would like to, and should, clarify. The phrase I used about spreading propaganda was in one persons response while the rest of that sentence was a combination of other responses. I used that phrase in particular because it was articulate and stuck out in my head, a good summation of the general attitude I'd gotten. That person though, was not insulting like the others and was not the one who accused me of being poorly researched and informed, nor were they the one to say TKB would lie because of their own product.
I've done my damn research and plenty of it, I'm aware other companies, Sally Hansen included, have used SpectraFlair. I've done more research on more franken polish related topics than almost anyone I know and I am insulted by the response(s) I received. It is very sad commentary that being kind, being helpful, is not always recognized.
The original entry:
It amazes me the number of individuals that do not seem to be aware that it is illegal to sell any polish made from SpectraFlair and for those selling the powder itself, as there are a few, you cannot be encouraging customers to use it as ANY cosmetic additive. Aside from the fact that JDSU tightened their own regulations after us frankeners went nuts for the pigment, our US government- the FDA in particular- does not approve this for cosmetics. I did NOT say there couldn't be exceptions to that although I don't know what they would be.
It amazes me the number of individuals that do not seem to be aware that it is illegal to sell any polish made from SpectraFlair and for those selling the powder itself, as there are a few, you cannot be encouraging customers to use it as ANY cosmetic additive. Aside from the fact that JDSU tightened their own regulations after us frankeners went nuts for the pigment, our US government- the FDA in particular- does not approve this for cosmetics. I did NOT say there couldn't be exceptions to that although I don't know what they would be.
If you already own SpectraFlair as a powder as I do, or a polish, what you do with that for your own personal use is your business but it cannot be sold in any way, shape or form cosmetically.
If you choose not to believe me, read the quote from TKB Trading on their listing of Magic Holographic mail polish.
Magic Holographic is a pre-colored nail polish made from cosmetic grade ingredients. This is an important fact because it means that formulating with Magic Holographic allows you to confidently sell your holographic nail polish. Other options, such as Spectraflair, are industrial pigments not approved for use in cosmetics by the US government. Selling a nail polish made from Spectraflair would be deemed illegal by the FDA.
-MK
when did the rule change? I thought spectraflair could be sold in a base but no longer in powder form. I never heard that it was illegal to use altogether. =(
ReplyDeleteAs I don't have 100% proof as to what is legal or what is not, my advice is to exercise caution and I'll leave it at that.
DeleteFYI, glitter isn't approved for use in cosmetics either. The FDA does not operate in such a way that materials need to be pre-approved: they only need to meet basic requirements and not have complaints rendered against them. The only exceptions are FD&C dyes, which need to have an FDA batch number. It is not illegal to use Spectraflair in polish. JDSU changed their requirements to no longer sell their pigment dry to consumers, due to insurance risks because of the powder's high flammability.
ReplyDeleteTechnically products containing non-approved ingredients should bear a note saying they contain as such, but not only has this never been enforced. Which is why every glitter cosmetic ever made does not include one.
ReplyDeleteI appreciate your information. However I have a question: what if I sell SF (or a dupe of it) on eBay outside of USA, to USA buyers? Would that still be deemed as illegal?
ReplyDeleteI am not an expert on ebay or country regulations, merely cautious. If it's a SpectraFlair dupe, I don't see a problem. If you're outside the US, you have your own country's regulations to contend with and I'm not sure how that would factor into our's. In short, I'm sorry but I really don't know if that would be legal or not.
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