US COSMETICS REGULATORY UPDATE SIGNED INTO LAW

THE WHAT? President Biden has signed the Consolidated Appropriations Act 2023 into law, according to a report published by the National Law Review. The legislation includes the Modernization of Cosmetics Regulation Act (MOCRA) of 2022, amending Chapter IV of the Federal Food, Drug and Cosmetic Act.

THE DETAILS MOCRA imposes new requirements on facilities and ‘responsible persons’ that are engaged in the manufacture and distribution of cosmetics in the United States. Facilities must be registered with the FDA, with the registration renewed every two years, bringing the regulation of beauty manufacturers up to code with the food industry. In addition, responsible persons will need to submit cosmetic product listings to the agency.

The regulation also ushers in new reporting requirements for ‘serious adverse events’. The FDA has also been directed to bring in labelling requirements and thresholds for fragrance allergens, rules governing testing for the presence of asbestos in talc and report on the use of PFAS in cosmetics.

THE WHY? Product listings will allow the FDA to monitor the industry more effectively and track products in the event of a safety issue. With several safety scandals prompting both lawsuits and recalls in the last five years, many would argue this legislation is long overdue.