Questions about scalp care claims?
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◆ Guide · US Regulations · Updated October 2026

Can Your Scalp Serum
Say It Grows Hair?

◆ Short Answer

No. In the US, the claim decides whether a scalp product is a cosmetic or a drug. “Grows hair,” “stops hair loss,” “anti-dandruff” and “relieves itching” are drug claims. “Cleanses,” “conditions,” “exfoliates buildup,” “cooling feel” and “hair looks fuller” are cosmetic claims. Below: why, with a word-by-word table and sources.

By LuxeFormula Labs · October 1, 2026 · 7 min read

Why the claim, not the ingredient, decides

The Federal Food, Drug, and Cosmetic Act defines products by their intended use. A cosmetic is meant to cleanse, beautify or change appearance. A drug is meant to treat or prevent disease, or to affect the structure or function of the body. FDA judges intended use mostly by what you say — on the label, on your website, in your Amazon listing and on social media.

That's why the same rosemary scalp oil can be a cosmetic for one brand and an unapproved drug for another. One says “a nourishing pre-wash massage oil.” The other says “rosemary oil regrows hair.”

Hair growth and hair loss: always a drug claim

FDA's regulation at 21 CFR 310.527 says there is a lack of data to establish that any ingredient is generally recognized as safe and effective for over-the-counter use as a hair grower or for hair-loss prevention. In practice, an OTC product claiming either needs FDA approval as a new drug — topical minoxidil is the familiar example. Words that trigger this include “grows,” “regrows,” “thickens hair density,” “boosts follicles,” “prevents shedding,” and “blocks DHT.”

Dandruff: an OTC drug with its own rulebook

Anti-dandruff products are over-the-counter drugs covered by FDA's monograph for dandruff, seborrheic dermatitis and psoriasis (M032). They must use listed active ingredients — such as pyrithione zinc, salicylic acid, selenium sulfide, coal tar or sulfur — at set concentrations, carry a Drug Facts panel, and be made in a drug-registered facility. A cosmetic scrub can contain an exfoliant, but it cannot promise to control dandruff.

Itch, inflammation and microbes

“Relieves itchy scalp,” “calms inflammation,” “antifungal” and “antibacterial” all describe treating a condition or killing microbes on the body, which are drug uses. Describe the experience instead: a cooling, refreshing feel, or a scalp that feels clean.

The wording table

ClaimCategory
“Cleanses, purifies the feel, removes buildup”✓Cosmetic
“Hydrates, conditions, nourishes the scalp”✓Cosmetic
“Exfoliates; lifts away flakes of product residue”✓Cosmetic — avoid tying “flakes” to dandruff
“Cooling, tingling, refreshing feel”✓Cosmetic
“Hair looks thicker, fuller, shinier”✓Cosmetic — describes appearance
“Strengthens hair against breakage from brushing”✓Cosmetic if about the hair fiber, not growth
“Promotes hair growth; regrows hair; boosts follicles”✕Drug — 21 CFR 310.527
“Stops, prevents or reduces hair loss; blocks DHT”✕Drug — 21 CFR 310.527
“Anti-dandruff; controls seborrheic dermatitis or psoriasis”✕OTC drug — monograph M032
“Relieves itching; soothes irritation; anti-inflammatory”✕Drug — treats a condition
“Antibacterial; antifungal; kills microbes on the scalp”✕Drug
“Works like minoxidil; clinically proven to grow hair”✕Drug claim, and comparative claims need evidence

Trending ingredients are fine — trending claims often aren't

Rosemary, caffeine, peptides, biotin, niacinamide and peppermint all appear in cosmetic scalp products. Use them, name them, and describe what the product does cosmetically. Keep fragrance components such as essential oils within IFRA limits, and remember that marketplaces apply their own policies to drug-style claims too.

Scrubs: no plastic microbeads

The Microbead-Free Waters Act bans plastic microbeads in rinse-off cosmetics in the US. Scalp scrubs use sea salt, sugar, jojoba esters or other non-plastic exfoliants.

MoCRA basics for scalp care brands

Under the Modernization of Cosmetics Regulation Act, the responsible person — usually the brand named on the label — lists each product with FDA, keeps records that support its safety, reports serious adverse events, and puts US contact information on the label. The facility that makes it must be registered. For more, see our MoCRA guide and FDA requirements overview.

A five-point check before you approve a label

  1. Does any word promise growth, less shedding or thicker density? Rewrite to appearance.
  2. Does it mention dandruff, seborrheic dermatitis or psoriasis? Remove, unless you're making an OTC drug.
  3. Does it treat itch, irritation, inflammation, bacteria or fungus? Describe feel instead.
  4. Do the product page, Amazon listing and social posts say the same thing as the label?
  5. Can you back up every performance claim with evidence?
Launching a scalp line? LuxeFormula Labs makes private label scalp serum, scrub and spray from 100 units per SKU in an FDA-registered cosmetic facility, and reviews your claims before production. See scalp care manufacturing →
FAQ

Scalp Claims
Questions

No. In the US a product intended to grow hair or prevent hair loss is a drug. FDA has found no ingredient generally recognized as safe and effective for over-the-counter hair growth or hair-loss prevention (21 CFR 310.527), so such a product would need FDA approval as a new drug, like topical minoxidil.
No. Anti-dandruff products are over-the-counter drugs in the US, covered by FDA's monograph for dandruff, seborrheic dermatitis and psoriasis (M032). They must use listed active ingredients such as pyrithione zinc, salicylic acid, selenium sulfide, coal tar or sulfur, carry Drug Facts labeling and be made in a drug-registered facility.
Yes. Rosemary, caffeine, peptides, biotin and peppermint are used in cosmetic scalp products. The ingredient doesn't decide the category — the claim does. Say "nourishing scalp oil with rosemary," not "rosemary oil grows hair."
Generally no. Claims about how hair looks, such as fuller, thicker-looking or shinier, describe appearance and are cosmetic. Claims about increasing the number of hairs or how fast they grow are drug claims.
Not plastic microbeads. The Microbead-Free Waters Act bans plastic microbeads in rinse-off cosmetics sold in the US. Use sea salt, sugar, jojoba esters or other non-plastic exfoliants.
Under the Modernization of Cosmetics Regulation Act, the responsible person — usually the brand on the label — lists each product with FDA, keeps records supporting its safety, reports serious adverse events and includes US contact information on the label. The manufacturing facility must also be registered. Some small businesses are exempt from listing and registration.
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