The FDA has determined that glitter is a color additive which is not listed on their list of approved color additives. This means that a glitter product is TECHNICALLY not allowed for use in any cosmetic in the USA. Consumers have expressed confusion over this, as it is obvious that there is glitter in all kinds of cosmetics sold currently in the USA and there are no known reports of harm caused by glitter.
The FDA has not explained itself to our company, but it has advised us that it recognizes that the cosmetics industry has been largely unaware of this determination and it is essentially providing the cosmetic industry a grace period during which FDA enforcement is "discretionary". This grace period allows the cosmetics industry to "respond". The FDA has not provided us with any information on how long this grace period has been in effect, nor how long it will be in effect. They simply state the the issue is "active".