What the first MoCRA renewal changes for small cosmetics brands

What happened, who did it and when: Congress passed the Modernization of Cosmetics Regulation Act in December 2022, and facilities that make or process cosmetics sold in the United States now face its first renewal period in 2026, a moment that is testing smaller companies.

The statute was the first broad revision of federal cosmetics law since 1938. It directs each facility that manufactures or processes cosmetics to register with the Food and Drug Administration, and it directs the responsible person named for a product to list that product with its ingredients. Renewal is required every two years, so 2026 brings the first cycle. The FDA issues automatic email notices before a renewal date, which means a stale contact address often explains a missed filing.

For buyers who follow a jar or tube back to its maker, the work happens out of sight. Online marketplaces and stores now ask labels more often for proof of registration and listing, and many small brands rely on a contract manufacturer to maintain the facility side of the record. A label that believed its manufacturer had completed every filing can learn otherwise when a retailer requests documentation.

The law grants limited relief to smaller firms. Companies with average gross yearly cosmetics sales under one million dollars across the prior three years are generally excused from facility registration and product listing. The exclusion does not extend to products used around the eyes, products that are injected, products intended for internal use, or products meant to alter appearance for longer than 24 hours, and it leaves intact the obligation to report serious adverse events. A small company selling lip balm and face oil can qualify, while a company selling lash products cannot.

The wider unresolved matter concerns manufacturing practice. MoCRA instructed the FDA to complete good manufacturing practice rules for cosmetics before the close of 2025, but the date passed with no final rule, and legal observers following the process anticipate a proposal first with later phased compliance and extended schedules for small firms. In the interim, the agency looks for facilities to demonstrate reasonable controls even in the absence of a detailed standard.

What to watch next: whether the FDA releases the proposed manufacturing rule this year, and whether missed renewals produce the first public enforcement steps under its added authority, which covers mandatory recalls and suspension of a facility registration. Brands that have not reviewed their own listings and their manufacturers registrations would be wise to do so now.