Black Girls Guide to Understanding MOCRA

At the end of 2022, President Biden signed into law the Omnibus Spending bill, which included the Modernization of Cosmetics Regulation Act of 2022 (MOCRA). This law was a significant achievement for product safety, particularly in the realm of cosmetics. There has been no significant federal regulation there since the Food, Drug, and Cosmetic Act passed in 1938.

MOCRA impacts all categories of cosmetics, including:

• personal care products

• professional salon products

• intimate care products (some douches, washes, sprays, and powders)

There are many requirements in the law that move the safety of cosmetics forward and will help advance salon worker health and safety. However, there are also some requirements that could have been much stronger to give us confidence in the safety of cosmetics. 

Now it’s more important than ever that states take action to restrict the use of toxic chemicals in cosmetics.

One of the most important provisions in MOCRA is the requirement for mandatory reporting by manufacturers of serious adverse health events caused by cosmetic products. Previously, manufacturers were not required to forward reports of adverse health events to the FDA, leaving the agency in the dark about product safety. MOCRA closes this loophole, requiring manufacturers to submit adverse event reports to the FDA within 15 days.

Another significant provision is the requirement for the FDA to establish Good Manufacturing Practices that all manufacturers will be required to follow. This provision is important because it will ensure that cosmetics are manufactured in a way that is safe for workers and consumers.

MOCRA also requires cosmetic facilities to register with the FDA and provide a list of products and product ingredients, including ingredients in fragrance and flavors, to the agency. This provision will make it easier for the FDA to track the safety of cosmetics and take action if necessary.

The law requires labeling of fragrance allergens for all cosmetics and labeling of ingredients in professional use only products used by salon workers. 

Due to a loophole in federal law, products sold for “professional use only” were not required to list ingredients on the label, as is required for cosmetics sold retail. MOCRA closes this loophole, and requires professional use only products to meet the same requirements as cosmetics. This is a great step forward for product safety, particularly for salon workers who are often exposed to harmful chemicals.

However, there are still areas where MOCRA falls short. 

One concern is the provision for safety substantiation for ingredients. While the safety substantiation provision in MOCRA is a step forward, it falls short of giving us confidence that the products we are using are safe. 

The provision opens the door to allowing manufacturers to use safety determinations made by the Cosmetic Ingredient Review board (CIR) as a substantiation of safety. The CIR is funded by the cosmetics industry and has a narrow scope that only looks at “consumer” use and does not include considerations for worker safety.

Overall, MOCRA is an exciting step forward for product safety, particularly in the realm of cosmetics. While there are still areas where improvement is needed, the law includes some important provisions that we have been working for years to see codified into federal law. 

The fight for safe cosmetics isn’t over yet, but MOCRA is a significant achievement that moves us in the right direction.