So many people are raving about the Magic Mist from WILYH (Witch I Love Your Hair), however, the truth of the matter is that this product is not only potentially dangerous but is also breaking numerous laws. I also was drawn in to the marketing and the owner's personality. All natural ingredients, just water, essential oils, and carrier oils. Whats not to like? Loads of things. To be fair, I think she has a fantastic idea, but she needs to make changes to her product for it to be safe and comply with the laws. Before we start, you need to understand that according to the FDA, her product falls under the category of a cosmetic.
How to Report a Non-Compliant Product
I know she wants her product to be natural. Crystals aren’t emulsifiers (like she claims but is totally incorrect) so that renders it unsafe. You’re essentially use neat oil application. Crystals aren't going to equally distribute the oil into the water no matter how hard you shake it. Sorry, but no amount of "magic" is going to help you beat science. Here's a link about making completely natural emulsions.
That means some drops of water will have more oil than others and there will be no emulsification; it's still two separate ingredients that have not mixed together. You don't have to take my word for it. There's plenty of literature online about oil and water. Here's one simple lesson geared towards kids.
Magic cannot beat science. She's claiming that crystals can remove any dilution chemicals and then the recipe is being infused with crystals. I get that people believe in the metaphysical and crystals and the like and perhaps it does work. But unless she gets it tested to prove this, she's making empty claims. You can read more about her claims in the section, Non-Compliant Cosmetic Claims.
You can report products like this. If the product is sold in the USA, then you can report them to the FDA and the CPSP. For more information, please see the section, How to Report a Non-Compliant Product.
Water is all-natural, after all, so how could this be harmful? There are organic contaminants, viruses, and bacteria that can be found in water.
Should well water be used in cosmetics? It very well could be, but how it's treated is important. Chemists Corner tells about the five types of water used in cosmetics. Filtered isn't listed. Swift Crafty Monkey explains why you should use distilled water, not filtered water, in cosmetics.
She appears to have chemophobia since she also says that it's chemical-free, the problem is that water is a chemical in and of itself. If she wants to live a chemical free life, she will have a tough time seeing as though H2O and O2 are essential to life. The irony is that she says there are no secret chemical, yet does not mention water anywhere in the ingredient list.
She uses three essential oils: lavender, peppermint, and rosemary. Two out of three of those (peppermint and rosemary) are potentially dangerous to children.
However, she has no warning label on her bottle. I'd also argue that parents probably are using this on their kids because they equate natural with safe. Natural does not mean safe. There are plenty of things in nature that can not only harm you, but have the potential to kill you.
Let's look at peppermint first. The Tisserand Institute says that after the after the age of 3, it can be diffused or applied topically up to 0.5%. First off, she carries no warning label about this product not being appropriate for kids under 3. Secondly, you have no idea about the dilution ratio she is using. There are other companies which use essential oils in products for babies and kids, however, many carry labels stating not to use with babies under the age of X months and stating that they're properly diluted. One example of how to do this properly is Oilogic.
Rosemary is not safe for kids. Look at what the Tisserand Institute, a leader in aromatherapy, states below in their photo. I believe that ethically speaking, she should disclose this information, but I have a feeling that she might not even know about this.
You also have Lea Harris, a certified clinical aromatherapist state that rosemary is not recommended for kids under 10. In fact, I encourage you to ask an expert and that would be a certified aromatherapist, about using rosemary on kids under the age of 10: it's not safe. Here's more info about using essential oils with kids.
She says it's safe enough to use on your face. What if a child under the age of 10 was to use this and on their face like she suggests? They could potential have a severe reaction.
If you don't use preservatives, you run the risk of growing unwanted natural organisms in your products. Those micro organisms are gram positive bacteria, gram negative bacteria, yeast, mold, and fungus. Now as much as I love freebies, I don't want those freebies included in a product I buy.
When I asked about preservatives, she states that there were thousands of articles about how essential oils can be used as preservatives, but didn't offer a link to even one of them. I think that's great, absolutely fantastic that people are looking into using essential oils as preservatives, however, while other products may have been tested, hers hasn't.
She stated that essential oils have anti-fungal and anti-bacterial properties and she is totally correct. However, they can't replace a preservative system as you can see what Susan from Swift Crafty Monkey (a formulator with years of experience and who does this for a living) says about them.
Some people disagree with this. Here's a study using lavender, tea tree oil, and cinnamon leaf and comparing them against methylparaben to inhibit Pseudomonas aeruginosa ATCC 27853, Escherichia coli ATCC25922,Staphylococcus aureus ATCC 29213, Candida albicans ATCC 14053. I think that's absolutely fantastic.
However, here's the problem: has Magic Mist been tested at all with
challenge tests (PET: preservative efficacy testing) to prove that the
essential oils she's using and the dilution rates she's using also
provide the same benefit? You can report products like this. If the product is sold in the USA, then you can report them to the FDA and the CPSP. For more information, please see the section, How to Report a Non-Compliant Product.
Products need to be challenge tested (PET: preservative efficacy testing) to see if their preservative system works. In our messages, she never said anything about her product being tested and/or passing a challenge test.
You can report products like this. If the product is sold in the USA, then you can report them to the FDA and the CPSP. For more information, please see the section, How to Report a Non-Compliant Product.
She also says states that her products are organic. Even if every single ingredient DOES have certification. She cannot claim her final product is organic unless she has the proper
certification. Furthermore, the FDA states that even to claim the ingredients being organic, your final produt probably needs to be certified.
She claims her essential oils are therapeutic grade. I'm not even sure where to begin with this. It seems like she's using DoTerra oils and the therapeutic grade label is meaningless since there is no independent standard. You can read more at Essential Oil University.
Secondly, the FDA does not allow cosmetic companies to make this claim. There are certain things that cosmetic products can claim they can do and certain things they can't. Referencing therapeutic properties of essential oils (calms the nervous system, mental clarity, boosts memory) is an example of a claim that cosmetics cannot use. Talking about hair growth, referencing therapeutic properties of essential oils (calms the nervous system, mental clarity, boosts memory), and anti-dandruff are examples of claims that cosmetics cannot use.
Claiming things such as these takes it from the cosmetic category and puts the product into a drug category. And unless it's been approved by the FDA, it is now an unapproved drug. Claiming things such as these takes it from the cosmetic category and puts the product into a drug category. And unless it's been approved by the FDA, it is now an unapproved drug.
You can report products like this. If the product is sold in the USA, contact the Federal Trade and Commission and the FDA. For more information, please see the section How to Report a Non-Compliant Product.
Tax Fraud
WILYH is not safety formulated or preserved. Nor has it been challenge tested.
She is not using correct INCI labeling standards, since her label doesn't even mention the first ingredient, water. She doesn't even have a proper ingredient list. She mentions ingredients on the side of her bottle, but again, is not following INCI protocol since she's not using the proper language.
She claims it's organic but legally cannot do so. She is making claims that move her product from a cosmetic to an unapproved drug. She is committing tax fraud.
So it appears she is selling a cosmetic that . . .
Please report products that are not compliant. I believe that you are ethically bound to report non-compliant products so that people do not have harmful reactions to them. Your report will be anonymous. There are different ways that products can become non-compliant.
Not Properly Formulated
If the product is sold in the USA, then you can report them to the FDA and the CPSP. If it's sold in Canada, report them to Health Canada. Below you can find some examples of products that are not properly formulated.
In order to do this, they must have been certified and approved to do this. This means that they are allowed to use a seal by a recognized organic certification organization. If they are not approved, they can say that they use organic ingredients, but cannot say that the product as a whole is organic. If the product is sold in the the USA, report them to the USDA. If it's sold in Europe, contact COSMOS and Ecocert. If it's sold in Canada, report them to CFIA.
Making Other Product Claims, such as Drug Claims
Many people will be surprised that cosmetic companies actually make drug claims. If they do so without receiving the proper authority, then they become an unapproved drug. Some examples of this are stimulates hair growth, makes pores smaller, heals, anti-blemish, reduces the appearance of veins, and loads more. You can find more examples in this article about what product claims a company can and cannot make. If the product is sold in the USA, contact the Federal Trade and Commission and the FDA. If it's sold in Canada, then contact the Competition Bureau.
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Let's Start at the Beginning
There are 3 main issues with her products and you can see more about each one below. I've also provided a summary and information on how to report a non-compliant product.
Not Formulated Correctly
- No emulsifier
- Double-filtered well water
- The essential oils
- Using water and no preservatives
- No independent lab testing
- Claiming to be Organic
- INCI Standards
- Non-Compliant Cosmetic Claims
- Sales and Use Tax
How to Report a Non-Compliant Product
Not Formulated Correctly
1. No Emulsifier: Oil and Water Don't Mix
This is basic chemistry, something that you learn in grade school. You can see what the American Chemistry Oil Society and the School for Aromatic Studies says about emulsifiers. She is not using any emulsifiers to mix the oils and water. Her reasoning? She doesn't want to dilute the powerful natural elements. Ok, undiluted natural elements are perfectly capable of harming you. I know she wants her product to be natural. Crystals aren’t emulsifiers (like she claims but is totally incorrect) so that renders it unsafe. You’re essentially use neat oil application. Crystals aren't going to equally distribute the oil into the water no matter how hard you shake it. Sorry, but no amount of "magic" is going to help you beat science. Here's a link about making completely natural emulsions.
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Magic cannot beat science. She's claiming that crystals can remove any dilution chemicals and then the recipe is being infused with crystals. I get that people believe in the metaphysical and crystals and the like and perhaps it does work. But unless she gets it tested to prove this, she's making empty claims. You can read more about her claims in the section, Non-Compliant Cosmetic Claims.
You can report products like this. If the product is sold in the USA, then you can report them to the FDA and the CPSP. For more information, please see the section, How to Report a Non-Compliant Product.
2. Double-Filtered Well Water
She says the water she uses is double filtered from their well. That really doesn't tell us much about it. How is she filtering it? Through reverse osmosis? a table-top filter? cheese cloth? something else?Water is all-natural, after all, so how could this be harmful? There are organic contaminants, viruses, and bacteria that can be found in water.
Should well water be used in cosmetics? It very well could be, but how it's treated is important. Chemists Corner tells about the five types of water used in cosmetics. Filtered isn't listed. Swift Crafty Monkey explains why you should use distilled water, not filtered water, in cosmetics.
She appears to have chemophobia since she also says that it's chemical-free, the problem is that water is a chemical in and of itself. If she wants to live a chemical free life, she will have a tough time seeing as though H2O and O2 are essential to life. The irony is that she says there are no secret chemical, yet does not mention water anywhere in the ingredient list.
3. The Essential Oils
However, she has no warning label on her bottle. I'd also argue that parents probably are using this on their kids because they equate natural with safe. Natural does not mean safe. There are plenty of things in nature that can not only harm you, but have the potential to kill you.
Let's look at peppermint first. The Tisserand Institute says that after the after the age of 3, it can be diffused or applied topically up to 0.5%. First off, she carries no warning label about this product not being appropriate for kids under 3. Secondly, you have no idea about the dilution ratio she is using. There are other companies which use essential oils in products for babies and kids, however, many carry labels stating not to use with babies under the age of X months and stating that they're properly diluted. One example of how to do this properly is Oilogic.
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Rosemary is not safe for kids. Look at what the Tisserand Institute, a leader in aromatherapy, states below in their photo. I believe that ethically speaking, she should disclose this information, but I have a feeling that she might not even know about this.
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She says it's safe enough to use on your face. What if a child under the age of 10 was to use this and on their face like she suggests? They could potential have a severe reaction.
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4. Using Water and No Preservatives
Ironically, water isn't listed in the ingredient list, just essential oils and carrier oils. She does mention her "double-filtered well water" in the description. Any time you mix water or a water-based product, such as aloe, with anything you need a preservative. Here's more info from the School for Aromatic Studies. They also talk about the controversial Hurdle Method.If you don't use preservatives, you run the risk of growing unwanted natural organisms in your products. Those micro organisms are gram positive bacteria, gram negative bacteria, yeast, mold, and fungus. Now as much as I love freebies, I don't want those freebies included in a product I buy.
When I asked about preservatives, she states that there were thousands of articles about how essential oils can be used as preservatives, but didn't offer a link to even one of them. I think that's great, absolutely fantastic that people are looking into using essential oils as preservatives, however, while other products may have been tested, hers hasn't.
She stated that essential oils have anti-fungal and anti-bacterial properties and she is totally correct. However, they can't replace a preservative system as you can see what Susan from Swift Crafty Monkey (a formulator with years of experience and who does this for a living) says about them.
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5. No Independent Lab Testing
I don't care if there are thousands of articles written about how great a preservative is or how fantastic a certain ingredient is. We are humans and there's room for error. Unless she has her product tested and getting each batch tested would be ideal, she has NO idea how safe her product is at all. Products need to be challenge tested (PET: preservative efficacy testing) to see if their preservative system works. In our messages, she never said anything about her product being tested and/or passing a challenge test.
You can report products like this. If the product is sold in the USA, then you can report them to the FDA and the CPSP. For more information, please see the section, How to Report a Non-Compliant Product.
Bad Labeling
1. Claiming to be Organic
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She makes this claim numerous times on her labeling. As you can see below, I've circled organic 8 times.
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You can report a product like this. If
the product is sold in the the USA, report them to the USDA. For more information, please see the section, How to Report a Non-Compliant Product.
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2. INCI Standards
The FDA follows a standard on how ingredients should appear and it is known as the INCI. You can search for how you should label an ingredient. Another good link is the 7 most common labeling mistakes. Her bottle does not even contain an ingredient list, nor does she have all the ingredients listed on her bottle. As you can see, her label doesn’t
even mention water. A label needs to . . .- List all the ingredients. She's not listing water. Nor do her magic crystals appear on the right on her label.
- List the ingredients from greatest to least. She has essential oils first and then carrier oils. There's no way that is even remotely correct.
- Use the correct INCI standards. Again, she's not doing that. Let's look at argan oil as an example. The correct way to list it would be Argania Spinosa Kernel Oil (argan oil).
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3. Non-Compliant Cosmetic Claims
She claims her essential oils are therapeutic grade. I'm not even sure where to begin with this. It seems like she's using DoTerra oils and the therapeutic grade label is meaningless since there is no independent standard. You can read more at Essential Oil University.
Secondly, the FDA does not allow cosmetic companies to make this claim. There are certain things that cosmetic products can claim they can do and certain things they can't. Referencing therapeutic properties of essential oils (calms the nervous system, mental clarity, boosts memory) is an example of a claim that cosmetics cannot use. Talking about hair growth, referencing therapeutic properties of essential oils (calms the nervous system, mental clarity, boosts memory), and anti-dandruff are examples of claims that cosmetics cannot use.
Claiming things such as these takes it from the cosmetic category and puts the product into a drug category. And unless it's been approved by the FDA, it is now an unapproved drug. Claiming things such as these takes it from the cosmetic category and puts the product into a drug category. And unless it's been approved by the FDA, it is now an unapproved drug.
You can report products like this. If the product is sold in the USA, contact the Federal Trade and Commission and the FDA. For more information, please see the section How to Report a Non-Compliant Product.
You can report products like this. If the product is sold in the USA, contact the Federal Trade and Commission and the FDA. For more information, please see the section How to Report a Non-Compliant Product.
1. Sales and Use Taxes
The laws in North Carolina state that if you sell a product, you must charge Sales and Use Tax and she's not doing that. By not paying tax, she is committing tax fraud. You can report tax fraud through NCDOR for the state of North Carolina.
The laws in North Carolina state that if you sell a product, you must charge Sales and Use Tax and she's not doing that. By not paying tax, she is committing tax fraud. You can report tax fraud through NCDOR for the state of North Carolina.
Summary
As
you can see from above, you have experts (chemists, aromatherapists,
formulators, and tax agents) who have years of experience and they're
saying that her products does not comply with a number of laws, rules,
and regulations.
What makes me more upset is that
people have reached out to her to try to help her. Everyone, even the
experts, have to start somewhere. Making mistakes is a given, what
matters is owning up to your mistakes and wanting to change; something
that she has no desire to do. Many people who have reached out to her
have been working in the field longer than she has been alive, but she
still doesn't want to listen.
Another issue is that
info about preservatives and emulsifiers can easily be found online,
which causes me to think that she has not done even the most basic
research.
So it appears she is selling a cosmetic that . . .
- Isn't properly formulated.
- Isn't properly preserved.
- Hasn’t been challenge tested.
- Isn’t properly labeled.
- Claims to be organic but has no certification.
- She is not charging sales and use tax for.
How to Report a Non-Compliant Product
Small business or not, you’re not exempt from
rules. It’s one thing to do something and not know. But when multiple
people tell you that you’re making many mistakes and you choose to
ignore it, you need to face the consequences.It appears she is selling a cosmetic isn't made safety, hasn’t been tested, claims
to be organic and has no certification, and isn’t properly labeled. She is running the risk of harming someone and/or being sued. She is not
following a lot of rules.Please report products that are not compliant. I believe that you are ethically bound to report non-compliant products so that people do not have harmful reactions to them. Your report will be anonymous. There are different ways that products can become non-compliant.
Not Properly Formulated
If the product is sold in the USA, then you can report them to the FDA and the CPSP. If it's sold in Canada, report them to Health Canada. Below you can find some examples of products that are not properly formulated.
- A product that lacks a preservative when one is needed. For example, it has water as the main ingredient and no preservative.
- A product that does not have enough preservatives added. For example, it has water and only uses citric acid.
- A product that does not use emulsifiers when mixing oils and water. For example, essential oils and water.
In order to do this, they must have been certified and approved to do this. This means that they are allowed to use a seal by a recognized organic certification organization. If they are not approved, they can say that they use organic ingredients, but cannot say that the product as a whole is organic. If the product is sold in the the USA, report them to the USDA. If it's sold in Europe, contact COSMOS and Ecocert. If it's sold in Canada, report them to CFIA.
Making Other Product Claims, such as Drug Claims
Many people will be surprised that cosmetic companies actually make drug claims. If they do so without receiving the proper authority, then they become an unapproved drug. Some examples of this are stimulates hair growth, makes pores smaller, heals, anti-blemish, reduces the appearance of veins, and loads more. You can find more examples in this article about what product claims a company can and cannot make. If the product is sold in the USA, contact the Federal Trade and Commission and the FDA. If it's sold in Canada, then contact the Competition Bureau.
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