FDA Cosmetic Compliance

Cosmetic FAQs

Who needs a U.S. Agent for cosmetics?

Any foreign facility that manufactures or processes cosmetic products for distribution in the United States must designate a U.S. Agent as part of its FDA facility registration. The U.S. Agent must reside or maintain a place of business in the U.S. and serves as the FDA’s official point of contact for that facility. This requirement was established under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

What’s the difference between a U.S. Agent and a Responsible Person?

These are two separate roles under MoCRA. The U.S. Agent handles FDA communications and inspection coordination for a foreign facility. The Responsible Person is the manufacturer, packer, or distributor whose name appears on the product label, and is accountable for product safety substantiation, product listing, and adverse event reporting. A Responsible Person does not need to be based in the U.S., but a foreign Responsible Person must still designate a U.S. Agent. Many companies need both roles filled and assume one covers the other, which is a common compliance gap.

Do I need to register my cosmetic facility with the FDA?

Yes, if your facility manufactures or processes cosmetic products for the U.S. market. This applies to both domestic and foreign facilities under MoCRA. Registration must be updated within 60 days of any material change, such as a change in ownership, facility address, or U.S. Agent.

How often do I need to renew my registration and product listings?

Facility registration must be renewed every two years. Product listings, which include the full ingredient list for each marketed product, must be updated annually, and within 120 days of any product reformulation or labeling change. These are two different clocks, so tracking both matters.

What happens if I don’t comply with MoCRA?

The FDA can suspend your facility’s registration, which makes it illegal to distribute cosmetics from that site in the U.S. The agency also has authority to issue a mandatory recall if a product is found to be adulterated or misbranded and poses a serious health risk and the company has refused to recall voluntarily. Other enforcement tools include warning letters, product seizure, and injunctions.

Am I required to report adverse events?

Yes. The Responsible Person must report any serious adverse event (one resulting in death, hospitalization, significant disability, birth defect, or infection) to the FDA within 15 business days of becoming aware of it. Safety and complaint records must be retained for six years to support these reporting obligations.