In 2022, the federal government passed the Modernization of Cosmetics Regulations Act (MoCRA) so that there would be more oversight in the cosmetics industry. What does that mean? The FDA can now impose new requirements on the cosmetics industry and the FDA (Food and Drug Administration) has more authority to evaluate, inspect and enforce non-compliance. For the first time, the FDA can require the registration of facilities where cosmetic products are manufactured and the submission of cosmetic product listings, including a list of ingredients used in their products. Beginning July 1, 2024 the government can enforce cosmetic product facility registration and listing requirements.
MoCRA requires companies who manufacture, pack, or distribute cosmetic products and whose name appears on the label to:
1. Report serious adverse events to the FDA
2. Maintain adequate substantiation regarding the safety of cosmetic products
3. Register cosmetics manufacturing facilities and submit a product listing for each cosmetic product
4. Update cosmetic product labeling to include contact information (for reporting adverse events), fragrance allergens and professional use designation
MoCRA allows the FDA to:
Suspend registration of cosmetic manufacturing facilities and order recalls of cosmetic ingredients deemed to be unsafe
Access and copy records relating to cosmetic products that the agency reasonably believes are likely aldulterated or unsafe
Issue regulations on cosmetic good manufacturing practices
Issue rulemaking implementing MoCRA’s fragrance allergen labeling requirement
Issue regulations to establish and require standardized testing methods for detecting asbestos in talc-containing cosmetics and evaluate the use of PFAS (Per – and polyfluoroalkyl substances) in cosmetic products
According to the FDA, MoCRA is the most significant expansion of authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938. The new law will help ensure the safety of cosmetic products many consumers use daily.
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