Since its implementation on December 29, 2023, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) has profoundly reshaped the cosmetics industry landscape. Now, more than three months into the enforcement of this landmark legislation, it’s clear that MoCRA has significantly expanded the FDA’s capacity to oversee and ensure the safety of cosmetic products—a change unparalleled since the Federal Food, Drug, and Cosmetic Act of 1938.
Covering a wide array of products from makeup and nail polish to perfumes and hair care items, MoCRA has introduced new regulatory requirements aimed at enhancing consumer safety. These include standardized testing methods for detecting asbestos in talc-containing cosmetics, Good Manufacturing Practice (GMP) requirements for production facilities, and fragrance allergen labeling requirements, among others. In light of the new authorities granted to the FDA, including records access, mandatory product recalls, adverse event reporting, and facility registration, members of the cosmetics industry have been diligently reviewing their manufacturing procedures to ensure compliance with the stringent safety regulations now mandated by MoCRA.
Looking Back and Moving Forward
The transition into the MoCRA era has not been without its challenges, including the rise in consumer lawsuits linked to talc-containing products. For businesses in the cosmetics sector, the past months have been a period of rigorous effort to align operations with the new FDA guidelines. Compliance has become a critical focus, with companies revising their manufacturing, testing, and reporting processes to meet the updated standards. Additionally, exemptions provided under MoCRA, particularly for small businesses, underscore a nuanced approach to cosmetics regulation, balancing the need for increased safety measures with the operational realities faced by companies of varying sizes.
As we move further into 2024, the impact of MoCRA on the cosmetics industry and its stakeholders will continue to unfold. The Act’s enhanced focus on product integrity has prompted the cosmetics industry to renew its commitment to customer safety. This shift not only mitigates legal and financial risks but also strengthens consumer confidence in cosmetic products.
What to Do
MoCRA’s implementation is already driving a more transparent and accountable marketplace, but the journey toward full compliance remains ongoing. Despite these challenges, many in the industry view MoCRA as an opportunity to elevate their product standards. As the regulatory landscape evolves, staying informed and proactive remains crucial for all stakeholders involved in bringing cosmetic products to market.
How We Can Help
Foley Mansfield has more than 35 years of experience defending and advising companies in toxic tort matters, helping clients meet their immediate legal needs while advancing their long-term business goals. With attorneys who represent cosmetics companies from New York to California, Foley has the expertise you need to navigate these complex issues. When you have a question about products liability, Foley Mansfield is the only call you need to make.
Contacts:
Related Practices:
Toxic and Mass Tort Litigation