FDA Cosmetic Product Listing: A Guide to MoCRA Compliance

For years, the cosmetics industry operated with limited federal oversight. That era is officially over. With the introduction of MoCRA, the FDA now has significant enforcement powers, including the authority to issue mandatory recalls and suspend a facility’s registration. Ignoring these new regulations isn’t an option, as non-compliance can halt your operations, force products off the shelves, and damage your brand’s reputation. Understanding the stakes is crucial. This isn’t just about paperwork; it’s about protecting your business. A complete and accurate cosmetic product listing FDA submission is your first line of defense against these serious consequences.

Key Takeaways

Understand MoCRA’s Core Requirements: The law shifts cosmetic regulation from voluntary to mandatory. You are now legally required to register your manufacturing facility, list every product with the FDA, and maintain documentation that proves your products are safe.
Treat Compliance as a Continuous Process: Your work isn’t finished after the initial submission. You must update your listings annually, report serious adverse events to the FDA within 15 business days, and keep organized records ready for potential inspection.
Know the Stakes and Use Available Resources: Failing to comply can lead to serious consequences like mandatory recalls or facility suspension. Avoid these issues by starting early and using tools like the FDA’s online portal or seeking expert help to ensure your submissions are correct.

What is MoCRA? Your Guide to the FDA’s New Cosmetic Rules

If you’re in the cosmetics industry, you’ve probably heard the acronym MoCRA being discussed. The Modernization of Cosmetics Regulation Act of 2022 is the most significant update to the FDA’s oversight of cosmetic products since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938. For decades, many regulations were voluntary, but MoCRA changes the game by making several key requirements mandatory for cosmetic brands selling in the United States.

This new law gives the FDA more authority to regulate cosmetics, similar to how it oversees food and drugs. It introduces new requirements for facility registration, product listing, safety substantiation, and adverse event reporting. Understanding these changes is the first step to ensuring your brand stays compliant and can continue to thrive. Think of it as a new rulebook for the industry, designed to increase transparency and safety for consumers. Getting a handle on these rules now will save you headaches down the road.

How FDA Authority is Changing

Under MoCRA, the FDA’s role has expanded significantly. The agency now has more stringent oversight over cosmetic products, giving it new powers to ensure the safety of products on the market. Previously, the FDA had limited authority and could only act after a product was proven to be harmful. Now, MoCRA grants the FDA mandatory recall authority if a cosmetic is found to be adulterated, misbranded, or poses a serious health risk. This shift from a reactive to a proactive regulatory model means your brand needs to be more diligent than ever about compliance from the very beginning.

Key Updates for Manufacturers

Two of the biggest changes for manufacturers are mandatory facility registration and product listing. Before MoCRA, registering your facility and listing your products with the FDA was voluntary. Now, it’s a requirement. Every facility that manufactures or processes cosmetic products for sale in the U.S. must register with the FDA and renew its registration every two years. Additionally, each cosmetic product must be listed with the FDA, including detailed information about its ingredients, function, and manufacturer. This creates a comprehensive database for the FDA and a new set of responsibilities for your brand.

How MoCRA Affects the Cosmetics Industry

These new regulations cover a wide range of personal care and cosmetic products, fundamentally changing how the U.S. industry operates. The shift to mandatory facility and product registration has created new operational hurdles for brands of all sizes. Many companies have experienced a facility registration bottleneck as they work to adapt to the new systems and requirements. This means planning ahead is crucial. Beyond registration, MoCRA also mandates safety substantiation, adverse event reporting, and adherence to Good Manufacturing Practices (GMP), all of which require careful documentation and process management to maintain compliance.

Your MoCRA Product Listing Checklist

Getting your cosmetic products ready for FDA submission doesn’t have to be overwhelming. The key is preparation. MoCRA requires the designated “responsible person” for a cosmetic product to formally list the product with the FDA, and that means having all your information organized ahead of time. Think of it like gathering your ingredients before you start cooking—it makes the entire process smoother. This checklist breaks down exactly what you’ll need to have on hand for a successful and compliant product listing.

Product Information You’ll Need

First, you’ll need the basics about your product. This starts with the FDA Establishment Identifier (FEI) for each facility where the cosmetic is manufactured. You can’t list a product without tying it to a registered facility. You will also need the brand name, the exact product name as it appears on the label, and the cosmetic category (e.g., skin care, makeup, hair care). Finally, you’ll need contact information for the responsible person. Having this information compiled in one place before you even open the submission portal will save you a significant amount of time and help prevent errors that could delay your listing.

How to Declare Your Ingredients

MoCRA mandates a detailed ingredient declaration for every product listing. You must provide a complete list of ingredients, including any fragrances, flavors, or colors, listed in descending order of predominance. This should match the ingredient list on your product label. It’s crucial to be precise here, as inaccuracies can lead to compliance issues down the road. The FDA uses this information to monitor product safety and identify potential allergens or harmful substances. This requirement is a major step up from previous voluntary programs, making accurate cosmetic ingredient labeling more important than ever for market access.

Registering Your Facility

Before you can list a single product, the facility where it is manufactured or processed must be registered with the FDA. MoCRA has made facility registration a mandatory requirement for all but a few exempt businesses. Each registered facility is assigned an FEI number, which, as mentioned, is a required piece of information for your product listing. If you work with a contract manufacturer, you’ll need to get this number from them. This connection between the product and its manufacturing site allows for better traceability and oversight, which is a core goal of the new regulations.

Proving Your Product is Safe

Under MoCRA, you are legally responsible for ensuring and documenting that your products are safe for consumers. While you don’t submit your full safety substantiation file with the product listing, you must maintain it and have it ready for an FDA inspection. This documentation should include things like toxicology reports, clinical trial data, or other scientific evidence that supports the safety of your product and its individual ingredients. The FDA can request this safety record at any time, so it’s not something you can put off. Keeping organized, accessible records is a fundamental part of your ongoing compliance strategy.

Following Good Manufacturing Practices (GMP)

MoCRA gives the FDA the authority to establish and enforce Good Manufacturing Practices (GMPs) for the cosmetics industry. While GMPs were previously considered a voluntary standard, they are now becoming a legal requirement. Adhering to GMPs ensures that your products are consistently produced and controlled according to quality standards, from raw material sourcing to final packaging. The FDA has released draft guidance on cosmetic GMPs to help businesses prepare. Complying with these practices is not just about ticking a box; it’s about building a foundation of safety and quality for your brand.

Who Needs to Register Cosmetic Products?

With the introduction of MoCRA, the question of who needs to register with the FDA is on every cosmetic brand owner’s mind. The short answer is: most of you. MoCRA has made facility registration and product listing mandatory for the majority of cosmetic companies selling in the United States. This is a significant shift from the FDA’s previous voluntary program.

Understanding your specific obligations starts with identifying your role and business size. Whether you’re a small startup or an established international brand, these new rules likely apply to you. Let’s break down who is responsible for registration, the rules for different types of brands, and the specific exemptions that might apply to your business.

Who is the “Responsible Person”?

Under MoCRA, the “Responsible Person” is the manufacturer, packer, or distributor of a cosmetic product whose name appears on the label. If you’re the brand owner listed on the packaging, that’s you. This role comes with significant legal duties, including ensuring your products are safe, listing them with the FDA, and registering your manufacturing facility. It’s important to note that if your product is also regulated as a drug or medical device (like an anti-dandruff shampoo), it may be exempt from certain MoCRA requirements, but you’ll need to comply with the rules for that category instead. The FDA has specific guidance for the industry that clarifies these responsibilities.

Rules for Domestic vs. International Brands

MoCRA doesn’t distinguish between where a brand is based—if you sell cosmetic products in the United States, the rules apply. The law introduces more stringent FDA requirements for both domestic and international companies, leveling the playing field and holding all brands to the same safety and transparency standards. For international brands, this means you must have a U.S.-based agent and comply with all facility registration and product listing mandates to gain or maintain access to the American market. The days of voluntary compliance are over, and all brands must now follow the same process for importing cosmetics into the country.

Are There Any Exemptions?

Yes, but they are specific. MoCRA provides exemptions for some small businesses to ease the regulatory burden. You are likely exempt from Good Manufacturing Practice (GMP), facility registration, and product listing requirements if your average gross annual sales of cosmetic products in the U.S. for the previous three-year period were less than $1 million. However, this exemption does not apply to businesses that manufacture or process certain products, such as injectable cosmetics or products that come into contact with the eye. It’s crucial to carefully assess your sales and product types to see if you qualify for these small business exemptions.

What Small Businesses Need to Know

If you’re a small business owner, the biggest change under MoCRA is that practices like facility registration and adhering to GMPs are no longer optional for most. Even if you qualify for the $1 million sales exemption, you are not off the hook entirely. All cosmetic brands, regardless of size, must still maintain records to substantiate product safety and report any serious adverse events to the FDA. This means you need to have your safety data organized and accessible. Don’t assume an exemption from registration means an exemption from all of MoCRA’s rules. Understanding your full scope of responsibilities is key to staying compliant.

Your Step-by-Step Guide to FDA Registration

Getting your cosmetic products registered with the FDA might seem like a huge task, but you can manage it by breaking it down into a few clear steps. The key is to be organized and methodical. Under MoCRA, facility registration and product listing are mandatory, so this isn’t a step you can skip. Think of it as building a solid foundation for your brand’s compliance and long-term success. The FDA has created online tools to make this process more straightforward, moving away from slow paper submissions. By following this guide, you can approach registration with confidence and ensure you have everything in order before you begin. Let’s walk through exactly what you need to do, from creating your account to hitting that final submit button.

Set Up Your FDA Account

Your first move is to get set up in the FDA’s system. The agency has made it clear that it prefers electronic submissions, and for good reason—they’re much faster and more efficient. You’ll want to familiarize yourself with the Cosmetics Direct portal, which is the FDA’s dedicated online tool for cosmetic facility registration and product listing. This is where you will create your account and manage your submissions. Getting your account established early is a smart move, as it allows you to explore the platform and understand its requirements before you’re up against a deadline. It’s a simple but critical first step on your path to compliance.

Gather Your Documents

Before you can fill out any forms, you need to have your information ready. The most important piece of information you’ll need is your FDA Establishment Identifier (FEI) number. Every facility that manufactures or processes cosmetic products needs one. If you’re not sure whether you have one, you can use the FEI Search Portal to check. If you don’t have one, you can request it from the FDA. You will also need a comprehensive list of all the products you manufacture or process at your facility, including every ingredient. Having all this information organized and at your fingertips will make the submission process much smoother.

Submit Through the FDA Portal

Once your account is active and you have all your documents, it’s time to submit. The FDA strongly encourages businesses to use their electronic submission portals. For cosmetics, this means using the Cosmetics Direct portal you’ve already set up. The system is designed to guide you through the process, helping you fill out the forms correctly and ensuring you provide all the necessary information for both your facility registration and product listings. Submitting electronically is not only faster but also reduces the chances of errors that can happen with paper forms, helping you get your registration processed without unnecessary delays.

Know Your Deadlines and Renewals

Compliance isn’t a one-and-done task. After your initial registration, you must renew your facility registration every two years. This is a requirement under MoCRA to ensure the FDA’s records stay current. It’s a good idea to set calendar reminders for your renewal dates well in advance so you don’t miss the deadline. Forgetting to renew can lead to your facility being considered non-compliant, which can cause serious issues for your business. Staying on top of these dates is just as important as the initial registration itself, so make it a permanent part of your operational calendar.

Avoid These Common Pitfalls

Many businesses run into the same few problems during registration. One of the biggest is simply waiting too long and creating a bottleneck for themselves. Start the process early to avoid last-minute stress. Another common issue is misunderstanding exemptions. For example, if your business has had average gross annual sales of less than $1,000,000 over the previous three years, you may be exempt from facility registration and Good Manufacturing Practices (GMPs). However, you must be certain you qualify before skipping these crucial steps. Always double-check the specific requirements to ensure you’re not overlooking a critical detail.

How to Maintain Compliance After Registration

Getting your cosmetic products registered with the FDA is a huge milestone, but the work doesn’t stop there. MoCRA introduced a new era of accountability, and maintaining compliance is an ongoing process. Think of it less like a one-time task and more like a continuous commitment to safety and transparency. Staying on top of your obligations after registration is key to protecting your brand, your customers, and your ability to operate without interruption. Let’s walk through the essential practices you need to adopt to keep your business in good standing with the FDA long after your initial submission is approved.

Handle Annual Updates

Your FDA product listing isn’t a “set it and forget it” deal. Under MoCRA, you’re required to update your registration every year to keep it active. This annual renewal is mandatory for all cosmetic products currently on the market. It’s a good idea to set calendar reminders well in advance of your deadline to gather any necessary information and avoid a last-minute scramble. Missing this renewal can lead to your products being considered misbranded, which is a compliance issue you definitely want to avoid. Staying proactive with your FDA registration updates is a simple but critical part of your long-term compliance strategy.

Report Adverse Events Correctly

One of the most significant changes under MoCRA is the mandatory reporting of adverse events. Previously, this was voluntary, but now, if a customer reports a serious health issue linked to your product—like a severe rash, infection, or allergic reaction—you are required to report it to the FDA within 15 business days. You also need to maintain records of all health-related complaints for six years (or three years for qualifying small businesses). It’s crucial to have a clear internal system for receiving, evaluating, and documenting customer feedback. This ensures you can meet your adverse event reporting obligations promptly and responsibly.

Document Any Product Changes

Did you tweak your formula or update your product label? Any time you make a significant change to a cosmetic product, you need to update its listing with the FDA. This isn’t just for major reformulations; it also applies to changes in labeling, packaging claims, or other key product details. Keeping your product listing current is a core requirement of MoCRA. Before you launch a new version of an existing product, make sure your internal process includes a step for updating the FDA registration. Maintaining a detailed log of all changes and the dates they were made will help you stay organized and ensure your product listings accurately reflect what you’re selling to consumers.

Keep Your Records in Order

Excellent record-keeping is the foundation of good compliance. Even if your business qualifies for certain small business exemptions under MoCRA, you are not exempt from maintaining records. You must be able to produce documentation that substantiates the safety of your products. This includes things like formulation details, testing data, and records of any adverse events. Think of it as your compliance safety net. Should the FDA ever have questions or conduct an inspection, having organized, accessible records will make the process much smoother. Strong documentation practices demonstrate that you take safety and regulatory responsibilities seriously, regardless of your company’s size.

Tools to Make Registration Easier

Navigating the MoCRA registration and listing process doesn’t have to be a solo journey. A variety of tools and resources are available to help you manage your submissions, stay organized, and ensure you meet every requirement. From official government portals to specialized software and expert consultants, you can find the right level of support for your business. Using these tools can help you save time, reduce the risk of errors, and feel more confident in your compliance strategy. Think of them as your support system for getting through the regulatory hurdles smoothly.

Official FDA Guides

Your first stop for information should always be the source: the FDA itself. As MoCRA has introduced more stringent FDA requirements for cosmetic products, the agency has published extensive guidance to help businesses adapt. These official documents break down the new rules for facility registration and product listing, explaining what’s expected of you in clear terms. Before you start filling out any forms, take the time to read through the FDA’s materials. They offer detailed instructions, definitions, and answers to frequently asked questions that can clear up a lot of confusion from the get-go. This foundational knowledge will make the entire process much more manageable.

Electronic Submission Portals

The FDA has made it clear that it prefers electronic submissions, and for good reason—they’re faster and more efficient for everyone. To facilitate this, the agency created Cosmetics Direct, an online portal designed specifically for cosmetic facility registrations and product listings. This user-friendly tool guides you through the necessary forms, helping you enter your information correctly the first time. Using the official portal is the most direct way to submit your information and is highly recommended by the FDA to streamline the process. It’s built to prevent common errors and ensure your submission is complete before you send it off.

Compliance Management Software

For brands managing a large number of products or those who want a more integrated solution, compliance management software can be a game-changer. Platforms like Signify are built to handle the complexities of regulated industries. This type of software goes beyond simple submissions, helping you manage ingredient data, track safety substantiation documents, and maintain records for GMP. It centralizes your compliance efforts, which can reduce review timelines, improve documentation quality, and make it easier to handle annual updates and inspections. It’s an investment in organization that pays off in the long run.

Where to Find Expert Support

If you’re feeling overwhelmed or simply want to ensure everything is handled perfectly, turning to an expert is a smart move. Regulatory consulting firms live and breathe these regulations and can manage the entire process for you. Instead of spending hours trying to interpret dense legal text, you can lean on a team that has already mastered it. At J&JCC Group, we provide specialized services for cosmetic products, helping you navigate every step of MoCRA compliance with confidence. We’ll make sure your submissions are accurate, complete, and filed on time, giving you peace of mind to focus on your business.

What Happens if You’re Not Compliant?

Ignoring the new regulations under the Modernization of Cosmetics Regulation Act (MoCRA) isn’t an option. The FDA now has significantly more authority to enforce the rules, and the consequences of non-compliance can directly impact your bottom line and your brand’s reputation. It’s more than just a risk of fines; failing to comply can halt your operations, force your products off the shelves, and damage the trust you’ve built with your customers. This isn’t just about ticking boxes on a form—it’s about ensuring your business can continue to operate without interruption.

Think of compliance as a core part of your business strategy. It’s about protecting your brand, ensuring consumer safety, and future-proofing your operations in a rapidly changing regulatory landscape. The FDA’s goal is to create a safer, more transparent market, and brands that align with this mission will be better positioned for long-term success. Understanding the potential pitfalls is the first step toward building a robust compliance plan that keeps your business running smoothly. From inspections and record requests to mandatory recalls, the FDA now has a full toolkit to ensure every cosmetic product on the market meets these new, higher standards. Getting ahead of these requirements is the best way to avoid costly and stressful enforcement actions down the road.

The FDA Inspection Process

Under MoCRA, you can expect more stringent FDA oversight. The agency is now mandated to establish and enforce Good Manufacturing Practices (GMPs) for all cosmetic product facilities. This means that during an inspection, FDA officials won’t just be looking at your paperwork; they’ll be evaluating your entire production process. They will review your records, including safety substantiation documents, adverse event reports, and proof of facility registration. They will also assess whether your facility adheres to GMPs to ensure your products are not adulterated. Being prepared for an FDA inspection is no longer optional—it’s a fundamental requirement.

Common Compliance Mistakes

Many brands run into trouble with the basics. One of the most common issues is a bottleneck with facility registration, where incorrect or incomplete information can cause significant delays and compliance gaps. Another frequent mistake is improper product listing, especially when it comes to accurately declaring every ingredient. Failing to have adequate safety substantiation for your products on hand is another major red flag for regulators. These may seem like small administrative errors, but under MoCRA, they can quickly escalate into serious compliance problems that put your business at risk. You can troubleshoot MoCRA portal challenges to avoid some of these common issues.

Penalties for Non-Compliance

The consequences for failing to comply with MoCRA are serious and can be costly. If the FDA finds that your business is non-compliant, it can issue warning letters, demand corrective actions, and even impose fines. One of the biggest changes is the FDA’s new mandatory recall authority. If the agency determines a product is adulterated, misbranded, or poses a health risk, it can force you to pull it from the market. Furthermore, failing to register your facility or list your products can result in the FDA deeming your products misbranded, which could lead to seizure of your inventory and a complete halt to your distribution.

The FDA’s New Enforcement Powers

MoCRA grants the FDA significant new powers to regulate cosmetic products across the United States, including imports. For the first time, the FDA has mandatory recall authority over cosmetics, a major shift from the previously voluntary system. If a company refuses to voluntarily recall a product that the FDA deems unsafe, the agency can now order it. Perhaps most critically, the FDA can suspend a facility’s registration if it determines that products manufactured there have a reasonable probability of causing serious adverse health consequences. A suspension effectively stops a facility from distributing any products, shutting down operations until the issue is resolved.

Frequently Asked Questions

I run a small business. Do all these new MoCRA rules apply to me? That’s the million-dollar question, literally. MoCRA does include exemptions for small businesses, but you have to be careful. If your average gross annual sales of cosmetics in the U.S. were under $1 million for the past three years, you are likely exempt from facility registration, product listing, and Good Manufacturing Practices (GMPs). However, this exemption doesn’t apply if you produce certain products, like those that are injected or used near the eye. Also, remember that even if you are exempt from registration, you are still required to keep safety records and report any serious adverse events to the FDA.

My products are made by a contract manufacturer. Who is responsible for registration? This is a common setup, and it’s important to get the roles straight. Your contract manufacturer is responsible for registering their own facility with the FDA, and you will need their FDA Establishment Identifier (FEI) number from them. However, as the brand owner whose name is on the label, you are considered the “Responsible Person.” This means you are legally responsible for listing each of your products with the FDA and ensuring they are safe. You can’t assume your manufacturer is handling your product listings unless that is explicitly part of your agreement.

What’s the difference between facility registration and product listing? It’s easy to mix these up, but they are two separate, mandatory steps. Facility registration is about the physical location where your cosmetics are made or processed. Every single facility must be registered with the FDA. Product listing, on the other hand, is about the individual products themselves. For each product you sell, you must submit a detailed list to the FDA that includes its name, category, ingredients, and the facility where it was made. You can’t list a product until the facility where it’s manufactured is properly registered.

What counts as a “serious adverse event” that I need to report to the FDA? This is a key new responsibility, so it’s important to understand the definition. A serious adverse event is a health-related issue that results in significant consequences like death, a life-threatening experience, hospitalization, a persistent disability, or a birth defect. It also includes infections or significant disfigurement, such as serious rashes or hair loss. If a customer reports an experience like this related to your product, you have 15 business days to report it to the FDA.

What kind of proof do I need for “safety substantiation”? While you don’t have to submit your safety files during product listing, you must have them ready in case the FDA asks. Safety substantiation is the collection of records and tests that prove your product is safe for its intended use. This isn’t just one document; it’s a file that could include things like test results on individual ingredients and the final formula, data from clinical trials, or scientific literature that supports the safety of your ingredients. The goal is to have a well-organized and scientifically sound argument for your product’s safety.