A New Era in the Regulation of Cosmetic Products Due to the MoCRA

Before (The Modernization of Cosmetics Regulation Act), MoCRA, cosmetic manufacturers were responsible for product safety, but the FDA's enforcement authority was limited. The Voluntary Cosmetic Registration Program (VCRP) was suspended, leaving most products unregulated.

Post-MoCRA, the industry must comply with new mandatory requirements, including labeling, adverse event reporting, and annual product listing. Cosmetic manufacturing facilities must register with the FDA and update their registration every two years. The FDA can withdraw registration if a cosmetic product poses serious health risks.

Labels must disclose fragrance allergens, and mandatory good manufacturing practices (GMPs) will be issued. The FDA can request records and issue recalls for cosmetic products. Rules for asbestos testing and PFAS regulations may involve preemption considerations in future litigation.