Although the Modernization of Cosmetics Regulation Act (MoCRA) applies at federal level to all 50 US states, each state has the right to adopt its own additional cosmetics requirements. At Cosmetic Valley’s 22nd Congress on Regulatory Issues - Fragrance & Cosmetics, Béatrice Mühl, from Registrar Corp, gave an overview of these State regulations.
At federal level, the US FDA is responsible for applying the MoCRA and ensuring compliance with its requirements:
• Cosmetic product notification
• Registration of cosmetic facilities
• Labelling of a contact established in the United States
• Cosmetovigilance and reporting of serious adverse events to the FDA
The Agency is also responsible for changes to the list of prohibited or restricted ingredients and regulations on allergens.
At State level, additional specific requirements may be laid down. Depending on the State, these may include:
• A declaration of cosmetic products
• A specific list of prohibited ingredients or ingredients subject to restrictions
• Local labelling or recycling requirements
• Warning labels for certain ingredients…
Béatrice Mühl presented the particularities in four States.
Washington State
The Toxic-Free Cosmetics Act
The TFCA, adopted in 2023, restricts the manufacture, distribution and sale of cosmetic products containing certain toxic chemicals in Washington. PFAS, lead, phthalates and formaldehyde-releasing agents are among the banned substances.
The Children’s Safe Products Act
The CSPA, adopted in 2008, limits the presence of certain priority toxic chemicals: lead, cadmium, six types of phthalates and five types of organohalogen flame retardants. It applies to children’s …
