Pending FDA Cosmetics Review Allows Class Action Defense

In late December 2022, President Joe Biden signed into law the Modernization of Cosmetics Regulation Act, a significant overhaul of the U.S. Food and Drug Administration's regulatory framework for cosmetics.

MOCRA amends Chapter VI: Cosmetics of the Federal Food, Drug and Cosmetic Act and constitutes the first expansion of the FDA's authority over cosmetics since the FDCA's enactment in 1938. Among its many provisions, MOCRA specifically directs FDA to study, report on and regulate two common types of cosmetic ingredients: perfluoroalkyl and polyfluoroalkyl substances, or PFAS, and talc.

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