Ewg sunscreen best deal1/21/2024 ![]() ![]() To further illustrate the first potential, unintended, negative consequence-state regulation proliferation-let’s look at California more closely.Īs anyone who has sold products in the US knows, not only do brands need to comply with the FDA, but also with California’s many onerous regulations. As an industry, our only hope is to try to influence the regulations both at the state and federal levels or push for changes to MoCRA. This miss in the drafting of MoCRA will make compliance in the US potentially much more difficult. Under the First Amendment, Federalism gives the states the right to address policy areas that are not addressed by the national government. This begs an important question: How is it possible to have a patchwork of cosmetic laws in a single country when there is federal regulation? What that means is that if every US state put a reporting requirement in place like the FDA’s, a brand would have to register all their products 51 times. However, with input from the EWG, this was rewritten in MoCRA’s final draft, allowing states to establish any new law or regulation related to cosmetics as long as it is not in conflict with the requirements of MoCRA related to registration and product listing, good manufacturing practice, record retention, recalls, adverse event reporting, or safety substantiation. In previous versions of this bill, some industry experts were able to get a federal preemption clause that incorporated the regulation of raw materials included to ensure one single federal cosmetics regulation that would sunset any existing state regulations. Where has this Act fallen short and what are the unintended, negative consequences? While there are three primary areas-preemption, raw material and product safety, and regulatory definitions-they are all intricately intertwined. I will also expose additional myths as I address the deficiencies of MoCRA. ![]() I will provide examples of how MoCRA is very different from the European regulations. One myth that will be debunked throughout this article is that MoCRA is inspired by the EU regulations and is very similar to EC No. There are many consulting companies claiming to know the FDA’s thinking behind the regulations and therefore are propagating these myths with the goal of profiting from MoCRA. ![]() To date, we only have MoCRA which is the Act and the FDA, the agency, is developing the regulations. To provide perspective, in the US, Congress passes laws and acts that are then given to the federal agencies to write the regulations. One of the primary reasons for so many misconceptions is that the US Food and Drug Administration (FDA) has not yet published the final regulations, and the actual details are unknown. To make matters worse, there are many myths swirling around this regulation creating fear in the global cosmetic industry. Ultimately, it will negatively impact the consumer, particularly those who are lower income. It also disproportionately impacts small and medium-sized brands while favoring large brands, multinationals, and the Environmental Working Group (EWG). Either way, those of us who have been in the industry for a few decades believe that this regulation will end up having several unintended, negative consequences that will leave the US with some of the same issues that existed in the European Union (EU) pre-2009 causing the EU to pass EC No. Others may argue that it has put the interests of some industry groups over others-possibly those that had the financial means to lobby and influence the US Congress. While some people feel it was overdue, it is quite clear to many US industry insiders that the authors of the Act know very little about the US beauty industry, and this is clearly reflected in the short comings of MoCRA. As the world enjoyed the holiday season last year, the US Congress quietly passed the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), its first major update to the US cosmetics regulations in nearly a century. ![]()
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