To nobody’s great surprise, the FDA is not yet ready to accept electronic submissions of cosmetic facility registrations or cosmetic product listings as mandated by the Modernization of Cosmetic Regulations Act of 2022 (“MoCRA”).

As those of you in the cosmetics manufacturing and distribution businesses are likely aware, MoCRA (which was signed into law on December 29, 2022) gave manufacturers and processors of cosmetic products that are distributed in the U.S. until December 29, 2023 to register their facilities with FDA. MoCRA further required that the distributors of such cosmetic products list their products with FDA by that date.

Because FDA’s electronic submission portal has not yet been deployed, and because December 29 is rapidly approaching, the FDA announced on November 8, 2023 that it is delaying enforcement of the facility registration and product listing requirements until July 1, 2024. As a result, cosmetic manufacturers, processors, and distributors have some additional breathing room before they must come into compliance with these statutory requirements. For additional information, click here.

Note that the other requirements of MoCRA that go into effect on December 29, 2023 are not affected by this delay. For additional information regarding those requirements, click here.

If you have questions about complying with MoCRA, feel free to reach out to us. We would be happy to have a discussion with you.