Modernization of Cosmetics Regulation Act of 2022 (MoCRA)
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) was signed into law in December 2022. This law provides a major overhaul of existing cosmetic regulations and requires the U.S. Food and Drug Administration to create Good Manufacturing Processes for cosmetics manufacturers. The Act proposes to modernize and update the regulations governing the cosmetics industry, which have not been significantly revised since 1938. The law states that these established practices must include mandatory reporting of serious adverse health events caused by cosmetic products and mandatory testing of asbestos levels. This law will also include updates to cosmetic listing requirements.
Both the Independent Beauty Association (IBA) and the Personal Care Products Council (PCPC) support this legislation and are working with the FDA to help steer implementation within the personal care industry to provide safer products.
Federal Package is committed to the safety and sustainability of the products we offer. The trust of the brands we work with is important to the health of our business and we will work closely to ensure compliance in every facet of this law.
Potential Impact on Brands
Increased FDA oversight: The Act would give the FDA more power to regulate cosmetics and require manufacturers to register their facilities and products with the FDA.
Ingredient restrictions: The Act proposes to ban certain ingredients from cosmetics, including some linked to cancer, reproductive harm, and other health concerns. Skincare brands may need to reformulate their products to comply with these new regulations.
Labeling requirements: The Act would require clearer labeling of ingredients on cosmetic products, making it easier for consumers to understand what they are using on their skin.
Pre-market approval: The Act would require manufacturers to conduct safety assessments and submit them to the FDA before introducing new cosmetic products to the market. This could increase the time and cost of bringing new skincare products to market.
Single-Use Plastics Law in the State of Washington
Washington’s plastics law, Chapter 70A.245 RCW2 requires producers of many common single-use plastics to include a minimum amount of recycled material in their product packaging. All producers that offer for sale, sell, or distribute covered products in or into Washington are required to register with the Washington State Department of Ecology on or before April 1st, 2023, and annually thereafter. Registration and annual fee payment are required regardless of the date that a producer’s category of covered products is required to begin meeting recycled-content minimums as detailed in the timeline below.
Federal Package containers fall under the Household Cleaner and Personal Care category that requires 15% PCR content by 2025, 25% by 2028, and 50% by 2031. As a manufacturer, we are happy to offer PCR versions of our containers to ensure compliance with this new law. We encourage our customers with custom containers to reach out to us to start this conversion as soon as possible as the liability falls on the “Brand” to be compliant.
Additional Resources
For your reference, we have attached links to the law and to the Washington State Plastics Producer Registration Overview and Instructions.
Washington Postconsumer Recycled Content Law RCW 70A.245.020
How to register: Plastic producer registration and reporting
California bans the use of PFAS beginning in 2025
Beginning in 2025, the sale of cosmetics containing PFAS will be prohibited in the State of California. PFAS, polyfluorinated alkyl substances, are found in some cosmetic and skin care products for their water-resistant properties. These chemicals are also commonly found applied to clothing and cooking products due to their non-stick nature.
PFAS, also called “forever chemicals,’’ can accumulate in the human body and high levels of exposure have been linked to cancer, hormone disruptions, weakened immune systems, and more. PFAS have been given the moniker of “forever chemicals” because they break down very slowly in the environment.
In early 2023, Germany, Denmark, the Netherlands, Norway, and Sweden submitted a proposal to the European Chemicals Agency (ECHA) to restrict the use of PFAS.
“[The restriction] aims to reduce PFAS emissions into the environment and make products and processes safer for people,” the ECHA wrote. “All PFAS in the scope of the proposal are very persistent in the environment. If their releases are not minimized, people, plants and animals will be increasingly exposed, and without a restriction, such levels will be reached that have negative effects on people’s health and the environment.”
“Exposure to the chemicals, which are found in countless household items, has been linked to cancer, liver damage, and other health effects. PFAS cannot be methodically removed from the body, and it takes nearly four years for the level in the body to go down by half,” said Melissa Niebes, CEO of FP Labs. “The proposed restrictions will limit contact, and hopefully health impacts across the globe. We have alternatives to using PFAS in products with new innovations coming to the market every day so now is the time to implement these types of restrictions,” said Niebes.
