Compliance Clock Starts Ticking Under Historic Modernization of Cosmetic Regulations Act
Companies have one year to comply with US FDA registration and product listing requirements under the Modernization of Cosmetic Regulations Act of 2022, part of the $1.7tr omnibus spending package signed by President Joe Biden on 29 December. Trade groups applauded the historic milestone and the legislation’s departure from previous proposals, including the elimination of user fees.
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Washington State’s Toxic-Free Cosmetics Act would ban use of any and all PFAS, matching work California started in 2020 and finished with legislation enacted last year. It also would blacklist ortho-phthalates, formaldehyde, methylene glycol and any other chemical determined by the department to release formaldehyde, among other deemed hazardous substances.
Breast Cancer Prevention Partners and its Campaign for Safe Cosmetics, along with the Environmental Working Group and Women’s Voices for the Earth, see the US Modernization of Cosmetics Regulations Act of 2022 as a significant jump forward. But its “sweeping” preemption provisions could put consumers at risk, and its cosmetics safety substantiation standard is a step back from preexisting FDA regulations, the groups say.
Greenberg Traurig and Hogan Lovells attorneys provide first breakdowns of the game-changing Modernization of Cosmetic Regulations Act, including the potential for new lawsuits and plaintiff tactics.