Import guide · FDA

Cosmetic or drug in the US? SPF, acne and whitening claims on K-beauty

A product sold as a cosmetic in Korea can be an over-the-counter drug in the United States. US law decides by what the product is intended to do, so a sun cream, an acne spot treatment or a cream sold to change skin pigment can fall under the drug rules, which ask far more of the importer than MoCRA does.

Facts checked against their sources on · Published · 한국어

The short version

  • US law defines a cosmetic and a drug by intended use, and a product can be both.
  • Every sunscreen is an over-the-counter drug in the US: Drug Facts panel, drug registration and listing.
  • A product that is also a drug follows the drug rules instead of most of MoCRA.
  • Claims matter as much as ingredients: treat, prevent, or change how the body works reads as a drug claim.
  • Confirm where each product falls with a regulatory consultant before the first shipment.

Two definitions, decided by intended use

The Federal Food, Drug, and Cosmetic Act defines a cosmetic as an article intended to be applied to the body for cleansing, beautifying, promoting attractiveness or altering the appearance (21 U.S.C. 321(i)). It defines a drug to include an article intended for the diagnosis, cure, mitigation, treatment or prevention of disease, or intended to affect the structure or any function of the body (21 U.S.C. 321(g)(1)).

Both definitions turn on what the product is intended for, not on what it is called at home. A product can meet both, and MoCRA's cosmetics chapter treats a cosmetic that is also a drug separately (21 U.S.C. 364i).

Sources: 21 U.S.C. 321(g)(1), 321(i); 21 U.S.C. 364i (FD&C Act §613)

SPF: every sunscreen is a drug

A sun cream, a tinted moisturiser with SPF or a cushion compact sold with a sun protection factor is intended to prevent sunburn, so in the US it is an over-the-counter drug. It carries a Drug Facts panel in the format of 21 CFR 201.66 and the sunscreen labeling of 21 CFR 201.327, and the establishments that make it register and list under 21 CFR part 207.

Over-the-counter sunscreens follow monograph M020. In June 2026 FDA amended it for the first time in 20 years: final order OTC000039, issued 10 June 2026 and effective 9 August 2026, adds bemotrizinol at up to 6 percent. The same order authorizes solely DSM Nutritional Products LLC, or its licensees, assignees or successors in interest, to market sunscreens containing bemotrizinol for 18 months from 9 August 2026, so for now M020 does not open bemotrizinol to other sunscreen makers, Korean ones included.

Sources: 21 U.S.C. 321(g)(1), 321(i); 21 CFR 201.327, 201.66; 21 CFR 207.17, 207.69; 91 FR 35220 (FR Doc. 2026-11578); OTC Monograph M020: Sunscreen Drug Products for Over-the-Counter Human Use; FDA Expands Sunscreen Options for the First Time in 20 Years

Acne, whitening and dandruff: read the claim

Outside sunscreen, the words on the pack and in the listing usually decide. Hold each claim against the two definitions above:

How a claim reads against the two US definitions
Claim on the productReads as, and why
Treats or prevents acneDrug: treating or preventing a condition is the drug definition's wording.
Covers blemishes, makes skin look clearerCosmetic: altering the appearance is the cosmetic definition's wording.
Lightens skin by reducing melaninDrug: acting on how the skin makes pigment affects a function of the body.
Brightens the look of dull skinCosmetic: a claim about appearance only.
Controls dandruffDrug: dandruff treatment addresses a scalp condition.
Cleans hair and leaves it shinyCosmetic: cleansing and beautifying.

Sources: 21 U.S.C. 321(g)(1), 321(i); Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?); OTC Monograph M006: Topical Acne Drug Products for Over-the-Counter Human Use; OTC Monograph M032: Drug Products for the Control of Dandruff, Seborrheic Dermatitis, and Psoriasis for Over-the-Counter Human Use; 21 U.S.C. 355h(a)(4) (FD&C Act §505G(a)(4)); FDA works to protect consumers from potentially harmful OTC skin lightening products

What changes when a product is a drug

  • Labeling — a Drug Facts panel in the format of 21 CFR 201.66, not only the cosmetic label.
  • Registration and listing — the establishments that make it register and list the drug under 21 CFR part 207.
  • MoCRA mostly steps aside — a cosmetic that is also a drug is exempt from MoCRA's adverse-event, manufacturing-practice, registration and listing, safety-substantiation, label-contact, records and recall provisions (21 U.S.C. 364i(a)).
  • The factory's other products — a facility that also makes ordinary cosmetics still registers under MoCRA for them (21 U.S.C. 364i(b)).

The MoCRA side is in MoCRA for K-beauty importers.

Sources: 21 CFR 201.327, 201.66; 21 CFR 207.17, 207.69; 21 U.S.C. 364i (FD&C Act §613)

Why it matters at the border

Under section 801(a) of the Act, FDA can refuse admission to an imported product that appears adulterated or misbranded. A drug shipped with only a cosmetic label, or from an establishment that has not registered and listed it, is exposed on both counts.

Sources: 21 U.S.C. 381(a) (FD&C Act §801(a)); Cosmetic Overview for Imported Products

Where Senda fits

Senda is building a cosmetic-or-drug check for each order line: it reads the description, the claims and the ingredient list, shows which words or ingredients point to the drug rules, and links each reason to its source. It flags; it does not decide. Senda files nothing with FDA, and a regulatory consultant confirms where each product falls.

Questions

Is a Korean cushion compact with SPF a cosmetic in the US?

It is both. The make-up is a cosmetic, but the sun protection makes it an over-the-counter sunscreen drug, so it follows the drug labeling and registration rules.

Does a whitening cream count as a drug in the US?

It depends on the claim. A claim to lighten skin by acting on pigment production reads as a drug claim, and since 23 September 2020 no over-the-counter skin-lightening drug can be legally marketed without FDA approval. A claim about the look of the skin reads as a cosmetic claim. Confirm with a regulatory consultant.

Run the shipment in one record.

See how Senda keeps the order, the shipment, its documents and a duty estimate together, on one of your own shipments — or join the waitlist to hear when the K-beauty layer launches.

Sources

Primary texts unless marked otherwise, each with the day it was read.

  1. 21 U.S.C. 321 — Definitions (FD&C Act §201(g) drug, §201(i) cosmetic)U.S. Government Publishing Office (govinfo), U.S. Code · 21 U.S.C. 321(g)(1), 321(i) · read 2026-09-30
  2. 21 U.S.C. 364i — Exemption for certain products and facilities (FD&C Act §613)U.S. Government Publishing Office (govinfo), U.S. Code · 21 U.S.C. 364i (FD&C Act §613) · published 2022-12-29 · read 2026-09-30
  3. 21 CFR 201.327 — OTC sunscreen drug products; required labeling, and 21 CFR 201.66 — OTC drug labeling formateCFR (Office of the Federal Register) · 21 CFR 201.327, 201.66 · read 2026-09-30
  4. 21 CFR part 207 — Drug establishment registration and listing (sections 207.17 and 207.69)eCFR (Office of the Federal Register) · 21 CFR 207.17, 207.69 · read 2026-09-30
  5. Amending Over-the-Counter Monograph M020: Sunscreen Drug Products for Over-the-Counter Human Use, and Related Information (notice of availability of final order OTC000039)Food and Drug Administration, Federal Register · 91 FR 35220 (FR Doc. 2026-11578) · published 2026-06-10 · effective 2026-08-09 · read 2026-09-30The notice announces final order OTC000039, which was read on FDA's OTC Monographs@FDA portal: issued 2026-06-10 (corrected 2026-08-10), it adds bemotrizinol at up to 6 percent and takes effect on 2026-08-09.
  6. OTC Monograph M020: Sunscreen Drug Products for Over-the-Counter Human UseFood and Drug Administration, OTC Monographs@FDA · effective 2026-08-09 · read 2026-10-01Footnote 2: OTC000039 authorizes solely DSM Nutritional Products LLC (or its licensees, assignees or successors in interest) to market sunscreens containing bemotrizinol for 18 months following the effective date. Read by the local verification desk on 2026-10-01 (#1469).
  7. FDA Expands Sunscreen Options for the First Time in 20 YearsFood and Drug Administration (press announcement) · published 2026-06-09 · read 2026-09-30
  8. Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?)Food and Drug Administration · read 2026-10-01Page content current as of 2024-09-11. Read by the local verification desk on 2026-10-01 (#1469).
  9. OTC Monograph M006: Topical Acne Drug Products for Over-the-Counter Human UseFood and Drug Administration, OTC Monographs@FDA · effective 2020-03-27 · read 2026-10-01Final order OTC000013. Actives include benzoyl peroxide 2.5 to 10 percent and salicylic acid 0.5 to 2 percent. Read by the local verification desk on 2026-10-01 (#1469).
  10. OTC Monograph M032: Drug Products for the Control of Dandruff, Seborrheic Dermatitis, and Psoriasis for Over-the-Counter Human UseFood and Drug Administration, OTC Monographs@FDA · effective 2020-03-27 · read 2026-10-01Final order OTC000021. Dandruff actives: coal tar, pyrithione zinc, salicylic acid, selenium sulfide and sulfur. Read by the local verification desk on 2026-10-01 (#1469).
  11. 21 U.S.C. 355h — Regulation of certain nonprescription drugs that are marketed without an approved drug application (FD&C Act §505G)Legal Information Institute (Cornell), U.S. Code · 21 U.S.C. 355h(a)(4) (FD&C Act §505G(a)(4)) · effective 2020-09-23 · read 2026-10-01effectiveOn is 180 days after the CARES Act's enactment on 2020-03-27, the day OTC skin-bleaching drugs found not GRASE (71 FR 51146) became new drugs. Read by the local verification desk on 2026-10-01 (#1469).
  12. FDA works to protect consumers from potentially harmful OTC skin lightening productsFood and Drug Administration (drug safety communication) · published 2022-04-19 · read 2026-10-01Page content current as of 2026-05-01. Read by the local verification desk on 2026-10-01 (#1469).
  13. 21 U.S.C. 381 — Imports and exports (FD&C Act §801)U.S. Government Publishing Office (govinfo), U.S. Code · 21 U.S.C. 381(a) (FD&C Act §801(a)) · read 2026-09-30
  14. Cosmetic Overview for Imported ProductsFood and Drug Administration · read 2026-09-30Page content current as of 2026-03-13.