US Cosmetics Act garners industry support despite “clean label” misgivings

03 Feb 2023 --- Despite the Modernization of Cosmetics Regulation Act (MoCRA) being passed last December, consumers and businesses must independently define clean beauty as the regulation does not provide legal definitions in this area, according to research commissioned by Amyris. PersonalCareInsights reached out to authorities to uncover what changes the industry can expect.

MoCRA affords the US Food and Drug Administration (FDA) the resources and authority to monitor brands in the personal care space and enforce recalls. However, it does not provide legal definitions for “clean,” “natural,” or “green” beauty products, Amyris concludes.

Without direction from the government or industry standards, consumers must come up with their definition and interpretation of “clean.” There were industry leaders and consumers who advocated for this move. The exclusion of this aspect within the regulation leaves room for a continued lack of consistency across brands and confusion for consumers.

However, according to the Personal Care Products Council (PCPC) the Federal Trade Commission (FTC) is responsible for regulating “clean”, “green” and “natural”. “This law pertains to all cosmetics and personal care products. Natural and clean beauty claims are regulated by the Federal Trade Commission. The FTC is currently updating its Green Guides pertaining to environmental marketing claims,” Karin Ross, EVP, government affairs, Personal Care Products Council (PCPC) tells PersonalCareInsights. 

“MoCRA represents significant reform of the FDA’s cosmetics authorities, modernizing federal regulatory oversight of cosmetics and personal care products and creating a comprehensive and national framework. PCPC continues to work with all stakeholders as the agency implements this new law so it is premature to consider how the act may be expanded upon,” she explains.

PCPC supports the FDA in its public health mission and is ready to assist member companies throughout the implementation process. 

Monitoring cosmetic brands
The US Senate passed the MoCRA in December 2022, which the president ratified alongside other reforms to the Federal Food, Drug and Cosmetic Act. The move marked the first significant update to laws governing the beauty industry since 1938.

“The FDA is developing an implementation plan to address all of the new provisions in MoCRA and will share this information when available,” Lindsay Haake, health communication specialist at the FDA tells PersonalCareInsights.The FDA is currently developing a plan to address the new provisions in the Modernization of Cosmetics Regulation Act, which the US Congress passed in December. 

Since the law was enacted, FDA has not yet issued guidance or rulemaking, the PCPC states. “The law mandates rulemaking on several provisions in the bill, and we expect the FDA to develop guidance to assist businesses with their compliance efforts,” says Ross.

“The long-awaited law adds new requirements for manufacturers and new enforcement authorities for the FDA, a significant milestone that modernizes the Federal Food, Drug, and Cosmetic Act, better aligns with industry innovation and contributes to global regulatory alignment.”

While MoCRA did not include any specific provisions related to animal testing, PCPC notes that congress believes manufacturers should not use animal testing for cosmetics products. 

PCPC and its member companies have worked closely with key stakeholders, including Cruelty-Free International (CFI) and the Humane Society of the United States (HSUS), to advocate for the passage of the Humane Cosmetics Act.

Gabriela Meza Armenta, marketing and business development manager at Lignopure, previously told us that the industry has called for rules and regulations that consumers can rely on and clear paths for brands to achieve environmentally sustainable, effective and safe products.

“I think that the bigger misconception comes from the expectation toward what is a ‘clean beauty product.’ I say this because even with being one of the most in-demand categories of 2022, the definition is unclear nor regulated,” she comments.

“Each brand defines what is ‘clean’ for their sentiment, which can lead to many troubles and confusion for the consumers. Currently, the focus has been on ‘free-from’ formulas, and slowly we are moving toward sustainable packaging, but nothing is truly regulated.”

Making rules about allergens
The Fragrance Creators Association (FCA) states that the fragrance-related provisions included in the law will increase consumer confidence, expand upon the existing safety record of the fragrance industry and ensure that the public has the information they need to know when purchasing personal care products.

“Because the FDA has oversight in this area, we were pleased to see the bill authorizes the agency to undertake a rulemaking regarding the labeling of allergens in cosmetics,” a FCA spokesperson tells us.

“We have long supported the communication of allergens to consumers so that individuals can be better informed about the products they use. We look forward to continuing our partnership with the FDA as it undertakes implementation under the new law,” she says. 

Guidelines in questionWithout clear legal definitions, consumers will have to interpret the meaning of "clean" label.
The FCA applauded congressional efforts to modernize federal cosmetics regulations at the end of last year. An allied trade letter urging the modernization of cosmetics regulation had been published along with a statement by the president and CEO of the organization.

“While the FDA and FTC have joint authority over labeling claims, we are engaging with the Federal Trade Commission as it is actively updating the Commission’s Green Guides. The Green Guides provide guidance on environmental marketing,” the FCA spokesperson says.

The FCA has worked with Congress, allied trades and other stakeholders to encourage lawmakers to update the cosmetics regulations for over a decade and continues to support how the regulation has been updated.

Sections of the law that will be affected include 605, an adverse event; 606, good manufacturing practices; 607, registration and product listing. Additional laws that will be revised include 608, safety substantiation; 609 labeling; 3505, talc rule; 3506 PFAS report and 3209 and 3507, animal testing.

Acquisition of a clean beauty brand
An industry example of the relevance of MoCRA and its effects on trade in the personal care space can be seen through Starco Brands’ current move to acquire Skylar, a hypoallergenic fragrance and recyclable brand for sensitive skin. 

The deal is set to disrupt the US$50 billion fragrance market. Skylar employs an ingredient policy that promotes transparency. According to the company, it challenges the “lenient disclosure requirements” in doing so. The company has set out to acquire behavior-changing technologies and brands.

In 2021, Skylar disclosed all the ingredients used in its perfume NPD to boost transparency and tap into clean beauty trends. 

“We invent and commercialize products that change behavior and spark excitement. We look forward to building upon the clean fragrance platform to introduce new, breakthrough products. With strong partners like Sephora and Nordstrom by our side, we know Skylar is well-positioned to be the future of fragrance,” notes Ross Sklar, Starco Brands’ founder and CEO.

By Inga de Jong