MoCRA Cosmetics: Comprehensive Guide to the Modernization of Cosmetics Regulation Act

MoCRA Cosmetics and the Modernization of Cosmetics Regulation Act 2022

The Modernization of the Cosmetics Regulation Act 2022 (MoCRA) was enacted on December 29th, 2022, marking the most significant update to cosmetic regulations in the United States since 1938. This pivotal legislation introduces new obligations for the cosmetics industry under MoCRA, significantly impacting cosmetic brands operating in the USA. MoCRA is seen as a paradigm shift in how cosmetic products are regulated, increasing surveillance, inspection, and injunction powers of the FDA to ensure public health.

Under MoCRA, the FDA can now suspend the registration of facilities and order product recalls. This alignment with European law philosophies indicates a more stringent regulatory approach to MoCRA cosmetics in the USA.

MoCRA Cosmetics compliance process

MoCRA Turnkey Solution for Cosmetic Brands

Biorius is prepared to support the cosmetics industry with our “MoCRA Turnkey Solution.” This comprehensive service covers everything from formula analysis to legal representation of MoCRA cosmetics in the USA through our agent, Biorius Inc. We are here to support your MoCRA cosmetics activities with the same efficacy demonstrated over 15 years in the EU and the UK. For any inquiries about MoCRA and how it affects your cosmetic products, please contact us.

Responsible Person / US Agent for MoCRA Cosmetics

Every cosmetic product under MoCRA must have a designated Responsible Person, who could be the manufacturer, packager, or distributor, with clear labeling on the product. As per the FDA’s clarification in June 2023, this person does not need to be US-based but must designate a US Agent for MoCRA cosmetics. For more details on these roles, visit our dedicated page on US Agent.

EU and UK Responsible Person for many years, Biorius is now ready to extend its support as US Agent with the introduction of MoCRA cosmetics.

Registration and Listing of MoCRA Cosmetics

MoCRA mandates the registration of facilities and the listing of cosmetic products:

Safety Substantiation for MoCRA Cosmetics

Labeling Requirements for MoCRA Cosmetics

New labeling requirements under Sec. 609 include:

States like California may maintain additional ingredient reporting requirements under initiatives like Prop. 65.

Ingredients and Standards for MoCRA Cosmetics

Talc (Sec. 3504)

Standardized testing for asbestos in talc-containing MoCRA cosmetics to be drafted by the FDA by December 29th, 2023.

PFAS [Perfluoroalkyl and Polyfloroalkyl substances] (Sec. 3506)

The FDA will evaluate the safety of PFAS in MoCRA cosmetics and publish results by December 29th, 2025.

No limitation

Sec. 614 (b) lays down that the MoCRA does not prevent any state from prohibiting the use of limiting the amount of an ingredient in a cosmetic product. Therefore, States provisions remain fully applicable.

Adverse Events and GMPs under MoCRA for Cosmetics


As these changes will not all occur simultaneously, here is a summary of the next steps and compliance  :

  • Mandatory elements labeling required for professional-use products.
  • Obligation to track, record, and report adverse events.The safety of all products must be adequately substantiated.
  • Talc-testing standardized methods proposed by the FDA.
  • Allergen labeling Rulemaking proposed by the FDA
  • Facility registration and product listing requirements
  • Talc-testing standardized methods finalized
  • GMPs rulemaking proposed
  • Mandatory elements labeling required for all products
  • Allergen labeling regulation finalized
  • Publication of the PFAS report on the FDA website
  • GMP regulation finalized

*Estimated based on a 60-day comment period and a directive to finalize no later than 180 days after the close of the public comment period.

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As specialists in cosmetic Regulations for more than 15 years, Biorius offers a reliable turnkey solution for placing cosmetic products in various markets:

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⚠️MoCRA Timeline Reminder⚠️

June 2024: Allergen labeling Rulemaking proposed by the FDA