Modernization of Cosmetics Regulation Act Requires FDA to Assess Use of PFAS

On December 23, 2022, Congress significantly expanded the FDA’s regulatory authority over cosmetics as part of its year-end Consolidated Appropriations Act of 2023, the first major statutory change to the Food, Drug and Cosmetics Act (FDCA) regarding the regulation of cosmetics since the FDCA’s enactment in 1938.

Passed with bipartisan support and garnering industry approval, the Modernization of Cosmetics Regulation Act (MCRA) amends Chapter VI of the FDCA and contains a number of key provisions, requirements and dates for compliance. The MCRA further requires the FDA to publish a report no later than 2025 assessing the use of per- and polyfluoroalkyl substances (PFAS) in cosmetics and safety risks associated with such use.

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PFAS

Per- and Polyfluoroalkyl substances (PFAS), sometimes called “forever chemicals,” are rising in public awareness, government regulation and related litigation. Companies that currently use or historically used or manufactured products containing PFAS are subject to increasing regulation and potential liability associated with the use, the impact on the environment, reporting and disposal of PFAS. Duane Morris’ dedicated group of professionals monitor, analyze and counsel clients on various aspects of PFAS, including companies who are developing technology to capture and eradicate PFAS from water and solids.