What’s in a name? Plenty. A rose-scented moisturizing cream by any other name might smell as sweet, but it might be regulated differently if you label it with the wrong name.
Legally, that’s just about all there is to it, because the way FDA’s law is set up, it’s the intended use of a product that determines whether it’s a cosmetic, drug, food or medical device. The primary place to find the intended use of a product is what the labeling says, though other written/printed materials, advertising or other statements from the manufacturer are also useful indicators of intent. The intended use might be stated explicitly, or merely implied by the labeling or other information.
