First, to explain: Cosmetic vs. Drug as defined by the FDA
The FDA addresses the use of drugs and cosmetics under the Federal Food, Drug and Cosmetic Act, enacted in 1938 and amended numerous times to remain current. It draws distinction between cosmetics and drugs.
A cosmetic is defined as any product that is “intended to be rubbed, poured, sprinkled or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness or altering the appearance.”
A drug is defined as any product that is “intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease” or any product “intended to affect the structure or any function of the body of humans or other animals.” [FD&C Act, 201 (g)(1)].