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New US Cosmetics Regulations Take Effect, Requiring FDA Registration for All Exported Cosmetics

July 15, 2024

New US Cosmetics Regulations Take Effect, Requiring FDA Registration for All Exported Cosmetics

Amidst the expanding global cosmetics market and heightened consumer concerns over product safety, the U.S. Food and Drug Administration (FDA) is implementing a significant measure to further elevate safety standards and modernize regulations within the cosmetics industry. As mandated by the Modernization of Cosmetic Regulation Act (MoCRA) of 2022, all cosmetics exported to the United States must complete FDA registration effective July 1, 2024, to clear customs and be sold in the American market.

Background and Purpose of the New Regulations

The enactment of the MoCRA aims to strengthen the U.S. oversight of the cosmetics market, ensuring that consumers have access to safe and effective cosmetic products. The act outlines detailed requirements for cosmetic company registration, product listing, safety substantiation, and labeling, with the ultimate goal of enhancing industry compliance and protecting consumer health and rights.

Key Registration Requirements

To comply with FDA registration requirements, cosmetic exporters must prepare a range of materials, including but not limited to: corporate registration information (such as company name, physical address, emergency contact details, etc.), product listing information (e.g., product name, ingredients, manufacturing facility details), and product labels and packaging. Moreover, non-U.S. companies must appoint a U.S. agent to facilitate communication with the FDA.

Market Impact

The implementation of these new regulations will undoubtedly have profound implications on the global cosmetics export market. On one hand, it raises the entry barriers to the American market, mandating that exporters strictly adhere to FDA registration requirements or face potential consequences such as market exclusion, legal liabilities, fines, and reputational damage. On the other hand, it promotes industry compliance, encouraging cosmetic companies to strengthen internal management, enhance product quality, and improve safety.

Industry Response and Countermeasures

In response to the upcoming regulations, global cosmetics companies are taking proactive steps to prepare the necessary materials for FDA registration and seek professional agency services to ensure a smooth registration process. Additionally, e-commerce platforms like AliExpress have issued notices reinforcing the control of cosmetics qualifications for the U.S. market, announcing that from July 1, 2024, non-compliant products will be blocked from sale to align with the FDA's new regulations.

Conclusion

The implementation of the new U.S. cosmetics regulations marks the dawn of a stricter regulatory era for the global cosmetics industry. For cosmetics exporters, this represents both a challenge and an opportunity. By strengthening compliance management, improving product quality and safety, companies can better meet market demands and earn the trust and favor of consumers. We anticipate a safer, healthier, and more orderly cosmetics market emerging in the near future.

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