Insights

Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.

For years, consumers have initiated legal actions against cosmetic companies alleging a causal relationship between the use of certain cosmetic products containing talc (such as baby powder) and the development of various cancers, commonly mesothelioma and ovarian cancer, with varied results. Below, we discuss a recent proposed rule from FDA proposing asbestos testing for cosmetics containing talc and potential impacts on ongoing and new consumer litigation.

On December 11, 2024, the Food and Drug Administration (FDA) released a final guidance concerning the Modernization of Cosmetics Regulation Act (“MoCRA”)’s facility registration and product listing submission requirements, which FDA began enforcing on July 1, 2024. This guidance includes key FDA recommendations and instructions, including the following: