On December 23, 2022, the United States Congress passed a bill that grants the U.S. Food and Drug Administration (FDA) regulatory authority over the personal care products industry. The legislation includes significant cosmetics provisions found in the Modernization of Cosmetics Regulation Act (MoCRA). This is the first time Congress has updated legislation to federal law regulating personal care products since 1938. 

Prior to the bill’s passage, the Federal Food, Drug, and Cosmetic (FD&C) Act gave FDA oversight over aspects of the cosmetics industry, but regulatory power was limited. The legislation now allows FDA to regulate cosmetics companies as extensively as it does other industries such as food, drugs, and medical devices.   

Cosmetics provisions included in the bill require companies to prove the safety of their products and grants FDA authority to review related records when a cosmetic product poses a risk to consumer safety. Cosmetics companies will also need to register with FDA to market products in the U.S. and administer good manufacturing practices that adhere to FDA’s safety standards. The bill includes many more provisions that will alter the methods and procedures cosmetics companies implement to manufacture their products.  

This legislation will have a substantial impact on the cosmetics industry. Cosmetics companies should prepare to comply with increased regulations, which will likely require additional resources and staff. As the regulatory landscape shifts for cosmetics, enforcement actions will follow for companies that don’t adapt to FDA’s requirements.