On November 8, 2023, the United States Food and Drug Administration (FDA) publicly confirmed its decision to postpone the enforcement of the requirements tied to cosmetic product facility registration and cosmetic product listing under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). This shift comes as an unexpected move from the FDA, given that the initial statutory deadline for the implementation of the above-mentioned requirements was set for December 29, 2023.
This delay in enforcement, extending responsibilities six months beyond the original deadline, has brought about a series of implications for the legal professionals and corporations involved in the cosmetics industry. It’s crucial to note that this deferral does not constitute a change to the actual requirements of the MoCRA. Further, it doesn’t provide an overall extension to the timeline given for companies to comply with the law. Instead, it merely indicates that the FDA will not actively enforce these requirements during this six months period.
While the reasons behind this delay have not been explicitly stated by the FDA, many speculate that it could be due to the agency’s challenges in implementing the resource-intensive responsibilities required under the MoCRA.
The legal professionals and corporations affected by this delay are advised to continue working towards compliance with the requirements of the MoCRA during this period, despite the FDA’s current stance on enforcement.
Detailed information about this development can be found in the article written by Venable LLP on JD Supra’s platform here.