US FDA Cosmetic Regulation: MoCRA

Enacted on December 29, 2022, the Modernization of the Cosmetics Regulation Act of 2022 (MoCRA) is the first major overhaul of the Federal Food, Drug and Cosmetic Act for cosmetics regulation since its passage in 1938, modernizing the country’s cosmetic regulatory framework to meet current needs.

REACH24H specializes in cosmetic regulatory compliance, offering comprehensive support to ensure your business aligns with US MoCRA requirements.

US Cosmetic Compliance Guide

US FDA Cosmetic Facility Registration

Under US MOCRA, any facility that manufactures or processes cosmetics for the U.S. market—whether domestic or foreign—must register with the FDA, including contract manufacturers.

US FDA Cosmetic Product Listing

The manufacturer, packer, or distributor of a cosmetic product—whose name appears on the label—is required to list every marketed cosmetic product, including its ingredients, with the FDA.

US FDA Cosmetic Labeling Requirements

US MoCRA extends the requirements, requesting cosmetic responsible persons to provide additional labeling details.

Responsible Person & US Agent

Every cosmetic product introduced to the US market must have a designated a Responsible Person, who can be the manufacturer, packager, or distributor listed on the product label.

News & Insight

FAQ

The commissioning party/brand owner can register the facility. Even if the contracted enterprise manufactures its own products or produces for other commissioning parties at the same time, repeated registration is not required.

At this stage, the FDA requires that factories involved in the production and processing related to the final cosmetic formula (including cases where the final formula consists of only one raw material) must register. Regarding product listing, the FDA expects that the responsible party lists only those products that are marketed to end users (such as the general public or professionals).

 If an importer meets the definition of a facility or product responsible person and does not fall within the exempted category, then the importer must proceed with the relevant facility registration or product listing. Otherwise, the importer is not required to take such actions.

No, they do not. If a laboratory’s tests are solely for R&D or evaluation of cosmetics, rather than for retail purposes, then the laboratory is not required to register as a facility.

According to the draft guidance, the FDA will not disclose the product listing number or details of the manufacturing and processing enterprise corresponding to the product. All other relevant information will be made public.

Yes. Unless they qualify for an exemption, hair dyeing preparations, including hair dyes, must be listed.

When the FDA receives paper-submitted documents, a receiving date is assigned. This receiving date is the date on which the submission is actually delivered to the designated receiving unit (the address specified on the paper form) during normal business hours.

If an importer meets the definition of a facility or product responsible person and does not fall within the exemption criteria, the importer is required to submit the relevant product listing. Otherwise, the importer is not required to take such action.

Yes, they do. Batch release testing is considered a part of the product’s manufacturing process, so such laboratories are required to register as a facility.

Generally, yes, they require submission. While factories providing free cosmetics at trade shows or other events may be exempt from facility registration under section 604(3) of the FD&C Act, the product listing requirement still applies to cosmetics provided free of charge to consumers.

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