What’s New in Public Health: Modernization of Cosmetics Regulation Act

Hi everyone. I want to start this post by thanking everyone who takes the time to read these. It means the world to me. I know sometimes they’re long and maybe not everyone gives a shit about public health or the topics I chose to write about, so the gesture is even more appreciated. With that being said, today I want to write about another recent article I read on the EWG website. This article is titled “How the Trump administration could decide the fate of MoCRA”. I decided to write about this for my post this week because although politics are uncomfortable to discuss sometimes, there are a lot of changes and things to consider with an upcoming shift in administration.

What is MoCRA?

I recently learned that MoCRA is the Modernization of Cosmetics Regulation Act. This act works to reform outdated federal laws to ensure cosmetic products are safer for consumers. It aims to tighten regulations regarding both personal care and beauty products. In my opinion, this is huge progress in the realm of environmental and public health and safety. Unfortunately, whether this act will be enforced or not is uncertain with the incoming Trump administration.

Why is MoCRA Important?

This law is exceptionally important however because regulations are severely out of date. The last time cosmetic regulations were stringently evaluated was in 1938. Yeah. Not sure how that happened, but regardless, it’s time for a change.

One great thing about this law is that it requires cosmetic companies to register with the Food and Drug Administration. Before this, the FDA did not have to be informed about the chemicals cosmetic companies were using. Mind baffling, but good to know this has changed. With this change comes greater transparency and allows the FDA to better track the use of harmful ingredients and respond more efficiently to the consequences of them.

How will the Trump Administration Affect MoCRA?

However, the article explains that enforcing the new rules this law has created could be a challenge given Trump’s priorities and FDA staffing shortages. This act would need adequate funding and staffing to implement, and without the necessary resources, enforcing these regulations and making sure companies comply with new rules, may be difficult.

While the increased transparency from MoCRA is an incredible thing for consumers, there are still problems to be solved regarding oversight with smaller brands and companies. Unfortunately, it’s easier for these smaller brands to get away without meeting enforced safety standards. While yes, this act is a great thing, the FDA must also do its part. Our safety and health are still at risk if the Food and Drug Administration doesn’t take implementation and enforcement seriously.

Challenges with the FDA:

There are a couple of concerns already to be noted regarding the FDA’s capacity to enforce this new law. First and foremost the FDA has missed two important deadlines imposed on them to encourage action and enforcement of MoCRA. The first deadline missed was for proposed standardized test methods to detect asbestos in certain cosmetic products. The FDA did submit these requirements for pre-release review early in 2024, but it has not yet been released publicly. Further, the FDA was also supposed to compose draft guidelines for fragrance allergen labeling back in July of 2024. This also did not happen. And this does not look for the FDA in terms of accountability, trust, and reliability. Without the FDA taking deadlines seriously, it’s difficult for shit to get done.

Upcoming, the Food and Drug Administration is expected to submit a report to Congress in December of this year to assess the use of PFAs in cosmetic products. PFAs are toxic chemicals and are also referred to as “forever chemicals” because they tend to persist, or stick around and also have serious health consequences. These chemicals can be absorbed through the skin, and therefore their use in personal care products is quite problematic.

Power to the States:

Although the FDA has been slacking on this serious issue, some states, such as California have stepped up and taken matters into their own hands. I mention California because they recently enacted the Toxic-Free Cosmetics Act and two other laws that banned over 50 chemicals and all PFAs from cosmetics. Similarly, their neighbors up north have done the same. Through the Toxic-Free Cosmetics Act, Washington banned numerous chemicals, PFAs, and other harmful compounds such as formaldehyde and lead from cosmetics. Colorado and Maryland are two other states that have taken measures of their own by banning PFAs and other toxic ingredients in beauty products.

As we can see, MoCRA is important for many reasons, including the fact that it allows states to set their own bans and restrictions on certain chemicals. However, with new Congress, this could change if they block states from setting tighter regulations than those of the FDA. This could set the states I mentioned earlier a step backward from the amazing progress already made.

Truthfully every time I read a new article for my “What’s New in Public Health” series I find myself wondering what the fuck the FDA does all day. Literally who works there? Who is running the place? Not to be a heinous and critical bitch, but they’re doing a miserable job. I guess that’s why it’s more important now than ever that the states have the power to set their own standards.

Closing:

To end on a positive note, despite the political changes to come later this month, there are still steps we can take to stay an informed consumer and choose products that don’t damage our physical health. There are many resources out there to help, the two I mention most frequently being Yuka and EWG. Both of these apps provide information about the safety of a wide variety of personal care products, thus allowing us the option to avoid harmful ingredients that many cosmetics still contain.

Looking forward to this year, I hope the new administration gives adequate attention and funding to the FDA so that MoCRA can be implemented and enforced the way it was intended.

Thank you guys once again for reading, I hope all is well. See you next week.