Modernization of Cosmetics Regulation Act: Better Late Than Never?

The Food Drug & Cosmetic Act (FDCA) has been relatively unchanged regarding cosmetics since 1938. The United States cosmetics industry is primarily self-policing compared to the food, drugs, or medical device industries. CNN recently noted that around 5,000 adverse events relating to cosmetics are reported to the Food & Drug Administration (FDA), and 25% are considered serious. On December 22, 2022, Joe Biden signed the Modernization of Cosmetic Regulation Act of 2022 (MoCRA) to overhaul the cosmetics regulatory regime. The FDA’s oversight and policing of cosmetics will belatedly resemble that of food, drugs, and medical devices.