Early in 2023, in an effort to implement its new authorities under MoCRA, FDA moved cosmetics from the Center for Food Safety and Applied Nutrition into the Office of the Chief Scientist. (Also see "FDA Announces New Home For Cosmetics Under Proposed Food Program Restructuring" - HBW Insight, 1 March, 2023.)

The first deadline under MoCRA for registering facilities and listing products and ingredients was 29 December 2023, but the FDA announced in a November compliancy policy that enforcement will not kick in until 1 July 2024. (Also see "Tis The Season (For Data Entry): FDA Opens Cosmetics Direct Portal, Issues Final Registration Guidance" - HBW Insight, 21 December, 2023.)

2023 end-of-year deadlines stayed in place for other requirements related to safety substantiation, adverse event reporting and recordkeeping, and labeling for professional-use products.

FDA was required to issue a proposed rule on methods for detecting and identifying asbestos in talc-containing products by 29 December. The Office of Management and Budget’s website notes it received the proposed rule from the agency on 2 January 2024.

According to Katlin McKelvie and Carlo Felizando, partner and associate attorney at the Washington, D.C. office of Gibson, Dunn & Crutcher, LLP, the OMB has eight FDA rules currently under review. “[T]here is some likelihood that the talc proposed rule will not issue this year, especially given the timing of the mandatory 60-day Congressional review period for rules under the Congressional Review Act, combined with the longer, election-year recess starting in August,” they said in a 27 February MoCRA update.

Looking at mid-year FDA deadlines, MoCRA requires the agency to issue a proposed rulemaking for cosmetic allergen labeling by 29 June 2024 and a final rulemaking 180 days after the proposed rule’s public comment period ends. The new law mandates proposed rules for cosmetic good manufacturing practices by 29 December 2024 and a final rule one year later.

“Neither of these proposed rules appeared in the most recent editions of the Unified Agenda … which means there is little chance they will issue in 2024, especially given competing priorities for the agency,” according to the Gibson, Dunne & Crutcher attorneys.

Further out, the FDA is directed to issue a report summarizing research on per- and polyfluoroalkyl substances (PFAS), including assessment of use and risks, by December 2025.

MoCRA Implementation In US Election Year: Q&A With Attorney Wade Ackerman

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