In 2022, the FDA issued the Modernization of Cosmetics Regulation Act (MoCRA) and expanded the FDA’s powers to regulate cosmetics. This law requires all manufacturers of cosmetic products sold in the US to be registered with the FDA and to register their products. In addition, they must update product labels, which will help ensure the safety of cosmetic products that millions of people use every day.
According to the new FDA MoCRA bill, from July 1, 2024, all manufacturers of cosmetic products that produce and process products ready for sale in the US are required to be registered with the FDA and register their products there.
Cosmetics are all products, with the exception of pure soaps, that are intended to be applied to the body for the purpose of cleansing, enhancing attractiveness, or changing appearance. Examples include bath oil, eyebrow pencils, eau de toilette, hairspray, blush, and nail polish. Cosmeceuticals and cosmetics with medicinal effects are not considered cosmetic products.
However, small businesses, whose average annual gross sales of cosmetic products in the USA over the previous 3-year period are less than $1,000,000, adjusted for inflation, may be exempt from registering the manufacturer and cosmetic products with the FDA, although the labeling of their products must meet defined standards of FDA and MoCRA.
!!! Regardless of the annual gross sales, manufacturer and product registration remains mandatory for manufacturers of the following products:
– cosmetics that usually come into contact with the mucous membrane of the eye. For example: eye makeup removers, liquid eyeliner, or glue for false eyelashes;
– cosmetics that are injected. For example: tattooing and others;
– cosmetics intended for internal use;
– cosmetics intended to alter the appearance for more than 24 hours. For example: certain nail polishes (gel polishes), some hair products (dyes and colorants), some eyebrow dyes, and certain skincare products that are not rinsed off (SPF).
If a company produces one or more of the aforementioned products, it will be required to register the manufacturer and all products it plans to sell in the USA under any circumstances.
If you are required to register with the FDA (or wish to do so voluntarily), the procedure for exporting cosmetic products to the USA is as follows:
- Registration of the cosmetic manufacturer with an FDA agent
- Registration of cosmetic products
Additionally, we recommend conducting a product label analysis to check its compliance with FDA standards.