However, some brands of sculptured nail removers are extremely poisonous when swallowed. These products contain 98 percent to 100 percent acetonitrile, a chemical that breaks down into cyanide when swallowed. Toby Litovitz, M.D., who heads the American Association of Poison Control Center's data collection committee, would like to see acetonitrile-containing sculptured nail removers withdrawn from the market. However, despite the fact that the product is poisonous if swallowed, FDA does not have the authority to restrict its sale unless the injury results from using the product according to directions. Since the product is not intended to be swallowed, FDA cannot take it off the market.
Regulation falls through the loopholes of federal health and safety laws.
For instance, the Federal Hazardous Substances Act, which covers household products such as cleaners, prohibits the sale of substances that contain concentrations of cyanide greater than 25 parts per million. Acetonitrile contains 4,000 to 80,000 parts per million of a cyanide equivalent, according to Litovitz. But, under the Federal Food, Drug, and Cosmetic Act, sculptured nail removers are not considered household products, but cosmetics. And the Hazardous Substances Act, which is enforced by the Consumer Product Safety Commission, doesn't cover cosmetics. No comparable law exists that would ban a cosmetic that is dangerous for other than its intended use.