Cosmetic Label Mistakes Under MoCRA: What to Fix Now

Introduction

The Modernization of Cosmetics Regulation Act (MoCRA) represents the biggest change to cosmetic regulations in over 80 years. Signed into law in December 2022, MoCRA gives the FDA significantly expanded authority over the cosmetics industry, with new requirements for registration, safety testing, and—critically—product labeling.

For brands that have been operating under the previous, more lenient framework, these changes mean it’s time to revisit your product labels. Even experienced cosmetic companies are finding that their once-compliant labels now fall short of MoCRA standards.

Let’s walk through the most common cosmetic label mistakes emerging under MoCRA and how you can fix them before they lead to compliance issues.

Common Cosmetic Label Mistakes

Missing Responsible Person Information

One of the most significant changes under MoCRA is the requirement to clearly identify the “Responsible Person” on your product label. This isn’t just a technical detail—it’s a cornerstone of MoCRA’s accountability framework.

Many brands are still using labels that lack complete contact information for the Responsible Person, which must include: ✔️ Company name ✔️ Address ✔️ Phone number or email This information must be prominent enough that consumers can easily find it. Labels with tiny, hard-to-read text or that bury this information amid other details won’t make the cut.

Ingredient Mislabeling

Ingredient accuracy has always been important, but MoCRA raises the stakes.

Common mistakes include: ✔️ Listing ingredients out of descending order by concentration ✔️ Using trade names instead of INCI (International Nomenclature of Cosmetic Ingredients) names ✔️ Omitting ingredients present at less than 1% (which are still required) ✔️ Failing to disclose known allergens prominently A real-world example: A small skincare company recently faced issues when they listed “fragrance” on their label but didn’t disclose that the fragrance contained potential allergens like limonene and linalool, which require specific declaration under current regulations.

Failure to Include Warning Statements

MoCRA emphasizes consumer safety, making warning statements more crucial than ever. Products requiring special handling or that pose specific risks need clear warnings. For example, hair dyes containing phenylenediamine must carry warnings about potential allergic reactions and instructions for patch testing.

Many brands are using outdated warning language or placing these warnings where they’re not immediately noticeable to consumers.

Non-compliance with Claims Regulations

The claims you make about your cosmetic product must be substantiated and cannot suggest drug-like effects. Under MoCRA, the FDA has greater authority to challenge unsubstantiated claims.

Common problems include: ✔️ Making structure/function claims without adequate support ✔️ Using terms like “clinically proven” without proper studies ✔️ Claiming to treat medical conditions (which makes the product a drug) ✔️ Suggesting results that go beyond cosmetic effects A moisturizer claiming to “repair damaged skin cells” or “substantially increase collagen production” without substantiation can trigger regulatory action under the new framework.

Improper Use of Terminology

Terms like “natural,” “organic,” or “clean” aren’t clearly defined by regulations, but using them misleadingly can still create compliance issues. MoCRA’s emphasis on accurate labeling means these terms face greater scrutiny.

Many brands use “organic” when only a small percentage of ingredients are actually certified organic, or claim products are “preservative-free” when they contain ingredients that function as preservatives but aren’t labeled as such.

Lack of Batch Number or Expiration Date

While not always mandatory for all cosmetics, batch numbers and expiration dates are becoming increasingly important under MoCRA, especially for products with stability concerns.

Products that might deteriorate or become harmful over time (like those containing natural ingredients or minimal preservatives) should include: ✔️ Manufacturing batch code ✔️ Expiration date or Period After Opening (PAO) symbol ✔️ Storage recommendations if special conditions are needed

Recommended Fixes

Review Labels Regularly

Set a schedule for comprehensive label reviews—ideally quarterly and definitely whenever formulations change. This isn’t just about FSVP compliance but also staying ahead of evolving industry standards. Create a digital archive of all current labels and track changes over time. This documentation can prove invaluable if your compliance is ever questioned.

Implement a Compliance Checklist

Develop a detailed checklist that covers all MoCRA requirements specific to your product category.

Your checklist should include: ✔️ Complete Responsible Person information ✔️ INCI-compliant ingredient list in proper order ✔️ Required warnings based on ingredients and product type ✔️ Verification process for claims ✔️ Batch coding and dating system ✔️ Net contents in both metric and US units Share this checklist with everyone involved in product development, from R&D to marketing to packaging design.

Label Transparency

Transparency builds consumer trust and helps ensure MoCRA compliance.

Go beyond the minimum requirements by: ✔️ Using clear, readable fonts (minimum 6-point type for most information) ✔️ Avoiding abbreviations that consumers might not understand ✔️ Providing additional information about potentially controversial ingredients ✔️ Making allergens stand out visually on the label Some brands are now including QR codes that lead to expanded ingredient information online, allowing for greater transparency without cluttering the physical label.

Training and Education

Everyone involved in your product development and marketing should understand MoCRA’s labeling requirements.

This includes: ✔️ Regular training sessions for staff ✔️ Subscription to regulatory update services ✔️ Consultation with compliance experts when launching new products ✔️ Creating a company-wide culture of compliance One cosmetic manufacturer implemented monthly “compliance coffee chats” where team members discuss recent regulatory changes and review potential issues in a casual, collaborative environment.

Conclusion

MoCRA represents a new era for cosmetic regulation in the United States. While the adjustment period may feel challenging, these changes ultimately benefit both consumers and reputable brands by creating a more transparent, safety-focused marketplace.

The cosmetic companies that will thrive under MoCRA are those that view compliance not as a burden but as an opportunity to demonstrate their commitment to quality and safety. By addressing these common labeling mistakes now, you position your brand ahead of the curve and build stronger consumer trust.

Remember that MoCRA requirements for cosmetic labeling aren’t just legal hurdles—they’re communication tools that help consumers make informed choices about the products they apply to their bodies every day. Ready to ensure your cosmetic labels are fully MoCRA-compliant? Global Import Agent can help you navigate these new regulations with confidence.

Our FDA compliance experts specialize in reviewing cosmetic product labels against the latest MoCRA requirements, identifying potential issues before they lead to regulatory problems or market delays.

We offer comprehensive cosmetic label review services that go beyond simple compliance checks—we provide practical recommendations tailored to your specific products and formulations. Many of our clients have avoided costly relabeling and potential FDA action by partnering with us early in their product development process.

If you have questions about FSVP regulations or need assistance with FSVP services, contact us today for a free initial consultation about your cosmetic labeling needs. Let us help you turn MoCRA compliance from a challenge into a competitive advantage.