FDA to Prepare a Report on the Safety of PFAS in Cosmetics

The Modernization of Cosmetic Regulation Act (MoCRA) was signed into law on December 23, 2022, as part of the Consolidated Appropriations Act of 2023. It amends Chapter VI of the Federal Food, Drug, and Cosmetic Act (FD&C Act) to strengthen the U.S. Food and Drug Administration’s (FDA) oversight of cosmetics. 

MoCRA directs FDA to issue a report within three years that assesses the use of PFAS in cosmetic products and provide scientific evidence regarding the safety of their use. The FD&C Act defines a “cosmetic” to include personal care products such as shampoos, conditioners, deodorants, and moisturizers. 

Other requirements imposed by MoCRA include requirements for facility registration and product listing, maintenance of records documenting product safety, adverse event reporting and recordkeeping, and labeling of fragrance allergens. The Act also gives FDA mandatory recall authority. (For more information on the Act, see the KHlaw.com article, Cosmetics Regulations Get a Makeover: Congress Enacts New Requirements.)