1. Home
  2. |Insights
  3. |Cosmetics Direct Gets Two Portal “Fillers” – Discontinuation and Relisting Features Added

Cosmetics Direct Gets Two Portal “Fillers” – Discontinuation and Relisting Features Added

Client Alert | 1 min read | 08.06.24

On July 29, 2024, FDA announced that it added two new features to Cosmetics Direct, the electronic submission portal used for the facility registration and product listing requirements now in effect under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The portal now allows responsible persons to “discontinue” and “relist” cosmetic products.

Here’s how it works:  rather than deleting a cosmetic product that is no longer on the market, the responsible person (i.e., the manufacturer, packer or distributor whose name appears on the product’s label) can now select “discontinue.” The practical effect of selecting “discontinue” is that the product’s information will remain in the Structure Product Labeling file on Cosmetics Direct, rather than being permanently deleted. The corresponding “relisting” feature enables the responsible person to relist any discontinued cosmetics that are being put back on to the market. Together, these new features provide a more efficient experience for the responsible person, who would otherwise have to start over and list a new product if and when a discontinued cosmetic is being put back on the market—e.g., after a temporary decision to stop sales.

To view more details about these new features, as well as instructions on how to use the Cosmetics Direct portal, FDA published an updated User’s Guide.

These changes come approximately one month after FDA began enforcing MoCRA’s product listing and facility registration requirements on July 1, 2024, and show FDA is taking steps to make compliance with MoCRA more user friendly. Responsible persons should review and monitor FDA’s Cosmetics Direct webpage to keep abreast of the latest resources for registration and listing of cosmetic products. We will continue to monitor and report on the latest developments as well.

Insights

Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...