Registrar Corp’s latest analysis uncovers a troubling trend: a large number of cosmetic products sold at major retail outlets across the United States fail to meet the FDA’s standards outlined in the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).
As the FDA prepares to enhance its enforcement efforts, this non-compliance scenario has raised serious concerns.
Compliance Rates by Retailer Type
The report estimates that approximately 135,000 imported cosmetics currently fall short of MoCRA compliance.
Interestingly, compliance rates vary widely among different types of retailers.
For example, pharmacy chains have a compliance rate of 54%, while grocery stores lag behind at just 41%.
Department stores and general merchandise retailers perform even worse, with compliance rates of 38% and 32%, respectively.
A key contributor to this widespread non-compliance is the failure of many brands to secure essential FDA registrations and product listings.
Challenges in Enforcement and Retailer Initiatives
One major hurdle to achieving compliance is the fact that, at present, the FDA lacks stringent enforcement protocols at customs for imported cosmetic goods.
This oversight leads many companies to feel indifferent about adhering to regulatory obligations.
An FDA representative reinforced that products imported into the U.S. are required to fulfill the same legal standards as those produced domestically and confirmed ongoing collaboration between the agency and U.S. Customs and Border Protection to monitor import activities.
In light of the situation, retailers are proactively addressing compliance issues by encouraging their suppliers to align with MoCRA requirements.
They are taking the initiative to communicate their compliance expectations through letters and formal correspondences.
The CEO of Registrar Corp warned that as the FDA’s oversight intensifies, retailers might find it necessary to stop carrying non-compliant products altogether.
Consequences of Non-Compliance
For companies struggling with compliance, it is crucial to prioritize the completion of necessary registrations and the compilation of product listings.
Furthermore, establishing a dependable mechanism for reporting adverse events is vital.
Many brands currently lack the ability to manage such incidents effectively, which poses the risk of product recalls and could lead to operational suspensions.
This widespread trend of non-compliance threatens not only individual brands but also risks destabilizing supply chains and affecting product availability across the industry.
It’s essential for companies to fortify their regulatory teams, ensuring they have the resources needed to navigate this changing compliance landscape.
Ignoring these requirements could undermine distribution channels and tarnish brand reputations in an increasingly competitive market.
Source: Cosmeticsdesign.com