Our company is bringing to the US market a natural local application
to increase the sensation during intimate contacts. Applying for a
Certificate for Free Sale in order to export to various intereested
parties overseas we found out that the product cannot be classified
clearly in any of the (Texas) FDA categories of food, drugs or
cosmetics. It is a mix of herbs embedded in a lubricant to be applied
externally. This makes it not a herbal supplement product neither
since those are for ingestion exclusively.

The problem is furthermore that the claim to "enhance sexual arousal"
defines it as an aphrodisiac which makes it medical again. Anyway, the
Texas FDA dept. couldn't help me further than that, so I am wondering
if other states like California have a different policy, and so if
they indeed would issue such a certificate? Or are there any other
organizations such as the CTFA who could issue one and how do the
conditions for an issuance compare?

What are other useful ressources or approaches to handle that issue?
Are there specialized lawyers or consultants available?

Thanks