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Cosmetics : MoCRA


The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) requires any facility that manufactures or processes cosmetics for the US market to register with the FDA and submit a product listing for every cosmetic product distributed in the United States.

Request MoCRA Support

FDA MoCRA Services—Support at the Stage You Need

MoCRA requirements may involve product classification, U.S. Agent designation, an FEI number, facility registration, label review, product listing, and ongoing updates.

Asla Partners offers each service separately. If you have already completed part of the process, you can request support only for the remaining step.

1) Confirm Which MoCRA Requirements Apply

Before submitting a facility registration or product listing, confirm whether your product is regulated as a cosmetic, a drug, or both.

A product’s intended use, ingredients, marketing claims, and consumer expectations can affect its FDA classification. Products intended to treat or prevent disease or affect the structure or function of the body may be regulated as drugs, even when marketed as beauty or personal care products. Same applies for cosmetics products marketed as treatment or affect function of the body, may be regulated as drugs.

2) Identify the Responsible Person and Designate a U.S. Agent if Required

The Responsible Person is the manufacturer, packer, or distributor whose name appears on the cosmetic product label. A company located outside the United States may serve as the Responsible Person if it meets this definition.

The product label must include a domestic address, domestic telephone number, or electronic contact information through which the Responsible Person can receive adverse event reports.

A U.S. Agent is a separate role. A foreign cosmetic facility that is required to register with the FDA must designate a U.S. Agent located in the United States.

The U.S. Agent assists the FDA with communications involving the foreign facility, questions about products offered for U.S. import, inspection scheduling, and the delivery of FDA information or documents when the agency cannot promptly reach the facility.

If requested, Asla Partners can serve as the designated U.S. Agent for a foreign cosmetic facility. U.S. Agent service is purchased separately from facility registration and product listing services.

3) Obtain an FEI Number and Register the Cosmetic Facility

An FDA Establishment Identifier, or FEI number, is required before a cosmetic facility registration can be submitted. The FEI is assigned by the FDA and is associated with the facility’s physical location.

Facilities that manufacture or process cosmetic products for the U.S. market may be required to register through FDA Cosmetics Direct. A new facility generally must register within 60 days after first beginning the applicable manufacturing or processing activities.

Upon request, Asla Partners can assist with obtaining FEI number and facility registration.

4) Review the Cosmetic Label for U.S. FDA Requirements

FDA cosmetic facility registration and product listing do not replace the requirement to use a compliant U.S. product label.

Before printing the final packaging or submitting the product listing, Asla Partners can review the proposed label for applicable U.S. cosmetic labeling requirements. The review covers :

  • Product identity
  • Manufacturer, packer, or distributor information
  • Adverse event contact information
  • Required warnings and statements
  • Product and marketing claims
  • Claims that may cause the product to be regulated as a drug
  • And more

5) Submit the FDA Cosmetic Product Listing

The responsible person must submit a product listing for each cosmetic product distributed in the United States through the FDA Cosmetics Direct portal. Listings include the product name, ingredient list, labeling, and responsible person information. Asla Partners provide service of individual or bulk cosmetic product listings through FDA Cosmetics Direct.

6) Maintain Product Listings and Renew Facility Registration

MoCRA obligations continue after the initial submissions are completed.

Cosmetic product listings must be updated annually. This includes reporting relevant changes and updating a listing when a product has been discontinued.

Cosmetic facility registrations must be renewed every two years. Changes to required facility registration information generally must also be submitted to the FDA within 60 days.

Even after products has been listed, clients remain responsible for receiving and maintaining adverse event records and complying with other applicable FDA requirements.

Request MoCRA Support

Our Services and Fees

Proceed only what you require

● Product Listing

MoCRA Cosmetic Product Listing (per product)

$99/product

Annual Product Listing Update

Per product, required at least annually

$199/product

Cosmetic Label Compliance Review

Essential service offering

$299/product

● Facility Registration

US Agent Services

Required for all foreign cosmetic facilities

$199/yr

MoCRA Facility Registration & FEI Number Request

FDA-assigned identifier required for Cosmetics Direct registration

$299/facility

Biennial Facility Registration Registration

$299/facility

FAQ

What is MoCRA?

The Modernization of Cosmetics Regulation Act of 2022, commonly called MoCRA, expanded FDA authority over cosmetics and established requirements involving facility registration, cosmetic product listing, safety substantiation, adverse event reporting, and other areas.

Is a U.S. Agent the same as the Responsible Person?

No. The U.S. Agent acts as the FDA contact for a foreign facility. The Responsible Person is the manufacturer, packer, or distributor whose name appears on the cosmetic product label.

What do I need to do to market an OTC drug in the United States?

To bring an OTC drug product to the U.S. market, you may need FDA establishment registration, an FEI number, drug product listing in SPL format, and an NDC Labeler Code. Foreign drug manufacturing facilities must also designate a U.S. Agent as part of FDA registration.

You may also need an OTC drug label compliance review to confirm that Drug Facts content, active ingredients, directions, warnings, and product claims meet applicable FDA requirements. After registration and listing, annual establishment renewal and drug-listing certification or updates are needed to keep FDA records current.

Can a company outside the United States be the Responsible Person?

Yes. A foreign company may be the Responsible Person if it is the manufacturer, packer, or distributor whose name appears on the label. The label must still provide the required contact method for receiving adverse event reports.

Can multiple shades, fragrances, or sizes be included in one listing?

In certain cases, yes. One submission may include products with identical formulations or formulations that differ only in color, fragrance, flavor, or quantity of contents. Eligibility should be confirmed using the actual formulations and product information.

How often must MoCRA information be renewed?

Cosmetic product listings must be updated annually. Cosmetic facility registrations must be renewed every two years, and certain facility information changes must generally be reported within 60 days.

Does MoCRA registration mean that my cosmetic is FDA-approved?

No. The FDA does not approve cosmetic products or their labeling before marketing, except for color additives where applicable. Facility registration and product listing should never be represented as FDA approval or certification.