EUTECNIQ Sciences

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Cosmetic safety & MoCRA Proposed service line Statute and FDA status checked October 22, 2026

Cosmetics are not FDA-approved, but since MoCRA the responsible person must hold safety records, register, list and report serious adverse events

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) added duties in force and mandated rules FDA has not yet proposed. This page separates the two, explains when a cosmetic becomes a drug and covers labeling. Educational, not legal advice.

Dec 29, 2023safety substantiation and serious adverse-event reporting took effect under MoCRA
15 business daysto report a serious adverse event to FDA, with a copy of the label (FD&C Act § 605)
0proposed rules on cosmetic GMP or fragrance allergens in the Federal Register, as of October 24, 2026; both deadlines have passed

Status. EUTECNIQ Sciences is a company in formation. It has no cosmetic products, facility registrations or safety files of its own. Cosmetic ingredient and safety-substantiation work described here is proposed.

MoCRA status

Four MoCRA duties are in force; the GMP and fragrance-allergen rules are overdue and the talc proposal was withdrawn

Four duties have applied since 2023–2024; the GMP and fragrance-allergen rules are past their deadlines with nothing proposedStatute and FDA status
MoCRA status timeline as of October 22, 2026: four duties in force, the GMP and fragrance-allergen rules past their statutory deadlines with no proposed rule, the talc proposal withdrawn, and the PFAS report published20232024202520262027IN FORCESafety substantiation, § 608Safety substantiation, § 608: In force from Dec 29, 2023In force from Dec 29, 2023Serious adverse-event reporting, § 605Serious adverse-event reporting, § 605: In force from Dec 29, 2023In force from Dec 29, 2023Registration and listing, § 607Registration and listing, § 607: Enforced from Jul 1, 2024Enforced from Jul 1, 2024Label contact information, § 609(a)Label contact information, § 609(a): From Dec 29, 2024From Dec 29, 2024NO PROPOSED RULEGood manufacturing practice, § 606Good manufacturing practice, § 606: statutory deadline passed; no proposed rule as of Oct 22, 2026Proposed rule dueFinal rule dueFragrance allergen labeling, § 609(b)Fragrance allergen labeling, § 609(b): statutory deadline passed; no proposed rule as of Oct 22, 2026Proposed rule dueOTHER PROVISIONSAsbestos testing for talc, § 3505Proposed Dec 27, 2024 (89 FR 105490); withdrawn Nov 28, 2025 (90 FR 54603)Proposed Dec 27, 2024Withdrawn Nov 28, 2025PFAS report, § 3506PFAS report, § 3506: Published Dec 29, 2025Published Dec 29, 2025Enacted Dec 29, 2022Status on Oct 22, 2026Statute in effectDeadline passed, no proposed ruleProposed ruleWithdrawn
Sources: 21 U.S.C. 364a–364d (Cornell LII); Pub. L. 117-328, §§ 3503, 3505, 3506; FDA, Modernization of Cosmetics Regulation Act of 2022 (content current as of Aug 10, 2026); 88 FR 77323 (Nov 9, 2023) on the registration and listing compliance policy; Federal Register searches, Oct 22, 2026. Records access and mandatory recall authority are in the text version.
Days past each MoCRA rulemaking deadline on October 22, 2026, with no rule publishedStatutory dates
Statutory dates: 21 U.S.C. 364b and 364e as enacted by Pub. L. 117-328 (December 29, 2022); Federal Register API search for proposed and final rules, October 22, 2026; FDA MoCRA page (content current as of August 10, 2026).
Data table
MoCRA rulemaking deadlines and days elapsed on October 22, 2026
RulemakingStatutory dateDays past it
Fragrance allergens, proposed ruleJune 29, 2024845
Cosmetic GMP, proposed ruleDecember 29, 2024662
Cosmetic GMP, final ruleDecember 29, 2025297
Text version of the timeline
MoCRA provisions and their status as of October 22, 2026
ProvisionWhat it requiresDateStatus
Safety substantiation (§ 608; 21 U.S.C. 364d)The responsible person must ensure, and keep records supporting, “adequate substantiation of safety.” A product without it is adulterated.Dec 29, 2023Statute in effect
Serious adverse-event reporting (§ 605; 21 U.S.C. 364a)Report serious adverse events to FDA within 15 business days with a copy of the label; report new medical information received within a year; keep records for 6 years (3 for certain small businesses).Dec 29, 2023Statute in effect
Facility registration and product listing (§ 607; 21 U.S.C. 364c)Manufacturing and processing facilities register and renew every two years. The responsible person lists each product, with its ingredients, and updates annually.Enforced from Jul 1, 2024Statute in effect
Label contact information (§ 609(a))Domestic contact information through which the responsible person can receive adverse-event reports.Dec 29, 2024Statute in effect
Records access and mandatory recallFDA may access certain records, including safety records, and may order a recall if the responsible person refuses one, when statutory conditions are met.MoCRAAuthority in effect
Good manufacturing practice (§ 606; 21 U.S.C. 364b)FDA must issue GMP regulations for cosmetic facilities. Deadlines: proposed rule by Dec 29, 2024; final rule by Dec 29, 2025.Deadlines passedNo proposed rule
Fragrance allergen labeling (§ 609(b))FDA must identify fragrance allergens that require label disclosure. Proposed rule was due by Jun 29, 2024.Deadline passedNo proposed rule
Asbestos testing for talc-containing cosmetics (§ 3505)Proposed Dec 27, 2024 (89 FR 105490); withdrawn Nov 28, 2025 (90 FR 54603). FDA cited comments that “warrant further consideration and assessment.”Nov 28, 2025Withdrawn
PFAS report (§ 3506)FDA's report on the use of PFAS in cosmetic products and associated risks.Dec 29, 2025Published
Explanation, details and sources

MoCRA was enacted on December 29, 2022 (Pub. L. 117-328). FDA calls it “the most significant expansion of FDA's authority to regulate cosmetics” since the FD&C Act was passed in 1938.

Exemptions

Small businesses are exempt from registration, listing and the future GMP rule, unless they make higher-risk product types

The exemption does not reach safety substantiation or adverse-event reporting.

Three questions decide the exemptions, and no exemption removes safety substantiation for a cosmetic that is not also a drugStatute
MoCRA exemptions: products and facilities also subject to the drug chapter follow drug rules; small businesses with average U.S. cosmetic sales below $1,000,000 a year are exempt from registration, listing and the future GMP rule unless they make higher-risk products; safety substantiation and adverse-event reporting still applyAlso subject to thedrug and devicechapter?Average U.S.cosmetic salesunder $1,000,000 ayear, 3 years?Makes ahigher-risk producttype?Inflation-adjusted, § 612§ 613NoYesExempt fromregistration, listingand the futureGMP ruleNoDrug requirements applyExempt from MoCRA'sadverse-event, GMP, registrationand listing, safety-substantiationand several other cosmeticprovisionsAll MoCRA duties applyNo exemption•Regularly contact the mucousmembrane of the eye•Injected•Intended for internal use•Alter appearance for more than 24hours where removal is not part ofnormal useYesNoYesWhich duties applyStandardExempt small businessAlso a drug, § 613Safety substantiationAppliesAppliesDrug requirementsSerious adverse-event reportingApplies; records kept 6 yearsApplies; records 3 years for certainsmall businessesDrug requirementsRegistration and listingAppliesExemptDrug requirementsGMP rule, when issuedAppliesExemptDrug CGMPMoCRA exemptions decision pathQuestion 1Also subject to the drug and device chapter?Yes · § 613Drug requirements applyExempt from MoCRA's adverse-event, GMP,registration and listing, safety-substantiation andseveral other cosmetic provisionsNo · Question 2Average U.S. cosmetic sales below $1,000,000 ayear over 3 years, inflation-adjusted?NoAll MoCRA duties applyYes · Question 3Makes any higher-risk product type?YesNo exemption•Regularly contact the mucous membrane of theeye•Injected•Intended for internal use•Alter appearance for more than 24 hours whereremoval is not part of normal useNo · § 612Exempt from registration, listing and the futureGMP ruleSafety substantiation and adverse-event reportingstill apply; AE records 3 years for certain smallbusinesses
Sources: 21 U.S.C. 364h and 364i (Cornell LII, accessed Oct 22, 2026); FDA MoCRA page, “Exemptions.”
Text version of the decision path
§ 612 · 21 U.S.C. 364h

Small businesses

Responsible persons and facility owners with average U.S. cosmetic sales below $1,000,000 a year over the previous three years, adjusted for inflation, are “not subject to the requirements” of the GMP and registration-and-listing sections. The exemption never applies to anyone making:

  • products that regularly contact the mucous membrane of the eye;
  • injected products;
  • products intended for internal use;
  • products intended to alter appearance for more than 24 hours where consumer removal is not part of normal use.
Statute
§ 613 · 21 U.S.C. 364i

Products that are also drugs

A cosmetic product or facility that is also subject to the drug and device chapter of the FD&C Act is exempt from MoCRA's adverse-event, GMP, registration and listing, safety-substantiation and several other cosmetic provisions; drug requirements apply to it. A facility that also makes cosmetics that are not drugs stays covered for those products.

Statute
Safety substantiation

No specific test is required, but the evidence must give qualified experts a reasonable certainty that the product is safe as used

Experts must find the evidence sufficient for a reasonable certainty of safety; without it the product is adulteratedStatute and regulation FDA statement
Adequate substantiation of safety: evidence that qualified experts consider sufficient to support a reasonable certainty that the product is safe as used; without it the product is adulterated and, under 21 CFR 740.10, misbranded unless it carries the warningEvidence•Tests, studies, research, analyses or otherevidence•Existing data on ingredients and similarformulations can be used•No specific test required; animal testingnot required21 U.S.C. 364d · FDAQualified expertsConsider the evidence sufficientReasonable certainty the product is safe“Not injurious to users under the conditions of useprescribed in the labeling,” or customary use. Minor,transient reactions or irritation in some users do not bythemselves make it injurious.Responsible person keeps the records§ 608; FDA may access them under § 610 when statutoryconditions are metWithout adequate substantiationAdulteratedMoCRA § 608 (21 U.S.C. 364d)Also misbranded without a warning“Warning—The safety of this product has not been determined.” 21 CFR740.10
Sources: 21 U.S.C. 364d (Cornell LII); 21 CFR 740.10 (eCFR); FDA, FDA Authority Over Cosmetics (content current as of Nov 18, 2025); FDA MoCRA page (content current as of Aug 10, 2026).
Text version of the figure
“Safe”

The product and its ingredients are “not injurious to users under the conditions of use prescribed in the labeling,” or under customary use. Minor, transient reactions or skin irritation in some users do not by themselves make a product injurious.

21 U.S.C. 364d(c)
No prescribed tests

FDA: “Neither the law nor FDA regulations require specific tests to demonstrate the safety of individual products or ingredients.” Animal testing is not required to market a cosmetic. Existing data on ingredients and similar formulations can be used.

FDA statement
Warning label

An ingredient or product whose safety was not adequately substantiated before marketing is misbranded unless it carries: “Warning—The safety of this product has not been determined.”

21 CFR 740.10
Explanation, details and sources

MoCRA defines “adequate substantiation of safety” as tests, studies, research, analyses or other evidence that qualified experts consider sufficient to support “a reasonable certainty that a cosmetic product is safe.”

Cosmetic or drug

Intended use decides whether a product is a cosmetic, a drug or both, and “cosmeceutical” has no legal meaning

Claims and context set the intended use; a product that is both a cosmetic and a drug must meet the drug requirementsStatute
Intended use decides the category: cosmetic under § 201(i), drug under § 201(g)(1), or both, in which case drug requirements apply; evidence of intended use and FDA's examples of drug claimsIntended use is shown by•Claims in labeling, advertising,websites and promotionalmaterials•Consumer perception and theproduct's reputation•Ingredients with a well-knowntherapeutic useCosmetic§ 201(i)Cleansing, beautifying,promoting attractivenessor altering the appearanceDrug§ 201(g)(1)Diagnose, cure, mitigate,treat or prevent disease,or affect the structure or afunction of the bodyBothSunscreen,anti-dandruffshampooDrug rules,incl. Parts210/211Claims FDA cites asdrug claims•Restoring hairgrowth•Reducing cellulite•Increasing ordecreasing melaninproduction•Regenerating cells“Cosmeceutical”“Has no meaning underthe law”: FDAThe supplement structure/function safe harbor does not extend to cosmetics.
Sources: 21 U.S.C. 321(g), (i) (Cornell LII); FDA, Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?) (content current as of Sep 11, 2024); FDA, “Cosmeceutical” (content current as of Feb 25, 2022).
Text version of the figure
Cosmetic · § 201(i)

Articles “intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body … for cleansing, beautifying, promoting attractiveness, or altering the appearance.”

Statute
Drug · § 201(g)(1)

Articles intended to diagnose, cure, mitigate, treat or prevent disease, or “(other than food) intended to affect the structure or any function of the body.” The supplement structure/function safe harbor does not extend to cosmetics.

Statute
How FDA determines intended use, with FDA's examples of drug claims
How intended use is shownFDA's examples of claims that make a product a drug
  • Claims in labeling, advertising, on the internet or in promotional materials
  • Consumer perception and the product's reputation
  • Ingredients with a well-known therapeutic use
  • Restoring hair growth
  • Reducing cellulite
  • Increasing or decreasing melanin production
  • Regenerating cells

A product that is both a cosmetic and a drug, such as a sunscreen or an anti-dandruff shampoo, must meet the drug requirements, including drug CGMP (21 CFR Parts 210/211). FDA: “The term ‘cosmeceutical’ has no meaning under the law.” EUTECNIQ uses the word only, if at all, as industry vernacular with that caveat.

Cosmetic, drug or both? Sort FDA's own examples, then compare with FDA's answerFDA examples

A skin moisturizer

A cleansing shampoo

A product claimed to restore hair growth

A product claimed to reduce cellulite

A product claimed to increase or decrease melanin in the skin

A product claimed to regenerate cells

An antidandruff shampoo

A deodorant that is also an antiperspirant

A moisturizer marketed with sun-protection claims

FDA, “Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?)” (content current as of September 11, 2024). A product that is both must meet the drug requirements.

EUTECNIQ uses “cosmeceutical” only, if at all, as industry vernacular, with FDA's caveat that it has no meaning under the law.

Labeling basics

A cosmetic label needs an identity statement, net quantity, the responsible firm, an ingredient list in descending order and MoCRA contact information

These are the core federal elements; specific product types carry additional warnings under 21 CFR Part 740.

Identity and net quantity go on the principal display panel; the ingredient list goes on an information panelRegulation
Schematic of the core federal elements of a cosmetic label: identity statement in bold on the principal display panel, net quantity in the bottom 30 percent of that panel, and on any appropriate information panel the ingredient declaration, the name and place of business and the adverse-event contactPrincipal display panelBottom 30 %Information panelIdentity statementIn bold type, 21 CFR 701.11Net quantity of contentsWeight, measure or count, in thebottom 30 % of the panel; 21 CFR701.13Ingredient declarationDescending order of predominance;fragrance or flavor may be named assuch; 21 CFR 701.3Warnings, where requiredSpecific product types, 21 CFR Part740Name and place of businessManufacturer, packer or distributor,conspicuous; 21 CFR 701.12Adverse-event contactDomestic contact for reports, sinceDec 29, 2024; § 609(a)Schematic, not to scale. 701.3(b) allows any appropriate information panel; the rules cited do not fix a panel for the business name or the adverse-event contact. Coloradditives must be listed for their use (§ 721).
Sources: 21 CFR 701.3, 701.11, 701.12, 701.13, Part 740 (eCFR, current to Oct 21, 2026); FD&C Act § 609(a); 21 U.S.C. 379e; FDA, FDA Authority Over Cosmetics.
Text version of the label elements
  1. Identity statementOn the principal display panel, in bold type (21 CFR 701.11)
  2. Net quantity of contentsWeight, measure or count (21 CFR 701.13)
  3. Name and place of businessManufacturer, packer or distributor (21 CFR 701.12)
  4. Ingredient declarationDescending order of predominance; fragrance or flavor may be named as such (21 CFR 701.3)
  5. Adverse-event contactDomestic contact for reports, since Dec 29, 2024 (FD&C Act § 609(a))
  6. Color additivesOnly colors listed for that use; the one premarket approval cosmetics need (§ 721)

21 CFR 701.11 requires the identity statement in bold type on the principal display panel. 21 CFR 701.13 places the net quantity on the principal display panel, within the bottom 30 percent of its area. Under 21 CFR 701.3(b) the ingredient declaration may appear on any appropriate information panel. 21 CFR 701.12(a) requires the name and place of business to be stated conspicuously.

Proposed offering

EUTECNIQ proposes to support botanical cosmetic ingredients with characterization and safety-substantiation files

The responsible person owns the safety substantiation. EUTECNIQ's proposed role would be the scientific evidence behind it. See cosmetics and personal care.

EUTECNIQ would supply evidence; the responsible person would keep the substantiation and the MoCRA dutiesProposed service
Proposed role in cosmetic safety substantiation: EUTECNIQ and qualified partners would supply evidence; the responsible person owns the substantiation and the MoCRA dutiesProposedEUTECNIQ would•Characterize botanical ingredients: identity,composition, contaminants•Review existing ingredient and formulationsafety data; find gaps•Plan stability and compatibility studies•Assemble a safety-substantiation file•Flag claims that would make a product a drugExternalQualified partners would•Irritation and sensitization testing, withvalidated non-animal methods where they fit•Human use and patch studies under ethicsoversight•Legal opinions on classification and labelingEvidenceSafety-substantiation fileEvidence the responsibleperson can keepAccountable partyResponsible person•Owns the safety substantiation and its records•Lists each product with its ingredients, unlessexempt•Reports serious adverse events to FDA within15 business daysEUTECNIQ does not claim•Compliance with a cosmetic GMP rule that doesnot yet exist•That registration or listing is an approval•Any cosmetic product, client or safety file todateFuture manufacturing would align with FDA's draftcosmetic GMP guidance and ISO 22716, an EUTECNIQchoice, not an FDA requirement.
Service design: EUTECNIQ proposal. Duties: 21 U.S.C. 364a, 364c, 364d.
Text version of the figure
EUTECNIQ would
  • Characterize botanical ingredients: identity, composition, contaminants
  • Review existing ingredient and formulation safety data and find gaps
  • Plan stability and compatibility studies
  • Assemble a safety-substantiation file the responsible person can keep
  • Flag claims that would make a product a drug
Proposed
Qualified partners would
  • Run irritation and sensitization testing, using validated non-animal methods where they fit
  • Run human use and patch studies under ethics oversight
  • Give legal opinions on product classification and labeling
External partner
EUTECNIQ does not claim
  • Compliance with a cosmetic GMP rule that does not yet exist
  • That registration or listing is an approval
  • Any cosmetic product, client or safety file to date
Limits

Manufacturing that EUTECNIQ might do in the future would be aligned with FDA's draft cosmetic GMP guidance and ISO 22716; the ISO reference is EUTECNIQ's choice, not an FDA requirement. Proposal

Developing a botanical cosmetic ingredient?

EUTECNIQ is in formation and welcomes early conversations with ingredient suppliers and brands about characterization and safety evidence.