MoCRA doesnotrequire registration of raw materials (ingredients). Finished products and facilities must do this by 12/29/23, and there are some specific qualified exemptions available (ex., small businesses).Fragrance compositions are proprietary to the fragrance houses and arenotrequired to be disclosed to the public (label), just fragrance allergens.FDA has not published its list of fragrance allergens (yet) but once they do, this will have to be on the product label (per MoCRA requirements).
California, Washington, and Minnesota have enacted regulationsthat govern cosmetic products. In Minnesota, the chemical formaldehyde is banned from all children's personal care products. Washington has enacted the Children's Safe Product Act to require companies to report any product that has chemicals of high concern to children.
California has the most regulations compared to other states. The Safe Cosmetics Act, Professional Cosmetics Labeling Requirements Act, the CA Toxic-Free Cosmetics Act, and the CA Cosmetic Fragrance and Flavor Ingredients Right to Know Act are designed to ban dangerous chemicals, require ingredients labels, require full disclosure of products containing Proposition 65 chemicals, and require disclosure of secret ingredients for fragrances.
Fragrance compositions are proprietary to the fragrance houses and are notrequired to be disclosed in CA. Fragrance allergens (82 recognized in the EU) must be disclosed if present above designated thresholds/concentrations as well as any substance listed in the 23 lists CA uses to identify toxic substances. CA also has the Cruelty-Free Cosmetic Act (an animal testing ban (similar to the EU) on cosmetics effective 1/1/20. (FYI, over a dozen states have animal testing bans in effect)
Honest Advertising
FDA & FTCtag team is responsible for cosmetics. Claims must be substantiated and this gets a lot of companies in trouble. It's not just labeling and branding (explicit) but also includes impliedclaims. The FTC is becoming more active on certain kinds of claims (ex., environmental), so having a knowledgeable attorney in-house (or outsourced) is good/standard practice.
