
Environmental claims
15 March 2024Since the MoCRA (Modernization of Cosmetics Regulation Act) became law in the United States, a new agent, already well-known in Europe and the UK, has appeared on the landscape : the Responsible Person.
Did you know that the role is not quite the same between these countries?
Clear gives you the run-down with this comparative table :
The contact details of the responsible person must be visible on the product label, regardless of whether you are in the US, the EU or the UK.
Do not make the common error of confusing the US agent with the US Responsible Person !
The Responsible Person is in charge of ensuring that the cosmetic product complies with MoCRA and has no obligation to be present inside the US; whilst the US Agent functions as a representative ensuring fluid communication between the FDA (so must be present in the US) and the overseas manufacturer, but has no direct responsibility concerning product compliance.
In other words, if you sub-contract the manufacture or packaging of your products, you do not need to have a US agent.
Additionally, for each product sold in the US, the company that introduces it onto the market must be able to provide a contact for the declaration of undesirable side-effects (able to pass on cases to the Responsible Person) which therefore means specific labelling with :
- a postal address (US)
- a telephone number (US) or
- an email contact (which can be contacted from the US).
CLEAR is at you service, for more details or direct support with the market introduction of your products in the EU/UK as well as the US.
*Reminder:
UK = England + Scotland + Wales + Northern Ireland
Great Britain = England + Scotland + Wales
EU = Austria + Belgium + Bulgaria + Croatia + Cyprus + Czech Republic + Denmark + Estonia + Finland + France + Germany + Greece + Hungary + Ireland + Italy + Latvia + Lithuania + Luxembourg + Malta + the Netherlands + Poland + Portugal + Romania + Slovakia + Slovenia + Spain + Sweden
EEE = the 27 EU countries + Norway + Iceland + Lichtenstein