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Cosmetic compliance: who files what

Most buyers assume the factory handles compliance. In practice the law splits the obligations, and a meaningful share lands on the brand — even when the brand never touches the product.

The one-line answer: registration and filing duties sit with whoever the law names, not with whoever is convenient. Before you buy, write down which side of the table each obligation falls on — factory or brand — and price accordingly.

The responsibility matrix

Read each row as: what the obligation is, and who carries it in the US versus the EU. Where a rule's effective status matters, it is called out below the table.

Who carries each obligation
ObligationUnited StatesEuropean Union
Facility registrationThe manufacturing facility files. A foreign facility also needs a US agentNot the EU mechanism — the EU works through the responsible person instead
Product listing / notificationThe responsible person named on the label files the product listingThe responsible person notifies the product through the CPNP portal
Safety assessmentNot a standalone filing, but safety is the brand's responsibilityA safety assessment by a qualified assessor is required before placing on the market
Product information fileNo direct equivalentThe responsible person must keep the file and make it available to authorities
Label identityThe responsible person's name and address identify who stands behind the productThe responsible person must be established in the EU, and named on the label

The US framework for cosmetics is often referred to by the name of the 2022 reform act, "MoCRA". What matters for a buyer is not the acronym but the split above: facility registration is filed by the factory, while product listing is filed by the responsible person. For background on how the FDA regulates cosmetics without "approving" them, see the FDA's own explainer.

A closing point on "certificates"

The FDA does not issue certificates verifying compliance. It has stated that it provides no certificate, letter or other document to verify that a cosmetic facility or product complies with the law — which matters because marketplaces routinely demand exactly that document from sellers. See the FDA statement. "Registered" and "compliant" are not the same claim.

Dates: what is in force, and what is not

Effective dates for cosmetics rules have moved more than once, and secondary sources disagree with each other. This page therefore states status rather than dates wherever the position is still settling.

House rule: if a date is not published by the regulator, we do not state it as a fact. Where a rule is proposed but not final, this site marks it as not yet in force rather than guessing a date.

Why "the factory will handle it" fails

In a private label or contract manufacturing project the responsible person on the label is usually the brand, not the filler. That means product listing, the safety assessment and — in the EU — the product information file are yours to hold, even though the factory does the physical work. Set this out in writing before you brief a factory: the checklist is in how to vet a cosmetic contract manufacturer, and the identity terms are covered in how to start a cosmetics brand. The EU side has its own page: EU cosmetic regulation.

Related reading

Frequently asked questions

Who files the product listing under US cosmetics law?

The responsible person named on the label, which is usually the brand rather than the factory. Facility registration, by contrast, is filed by the manufacturing facility.

Does the FDA issue a certificate proving a cosmetic complies?

No. The FDA has stated it does not provide any certificate, letter or other document to verify that a cosmetic facility or product complies with the law, even though marketplaces often ask sellers for one.

What is the EU equivalent of product listing?

A notification through the CPNP portal by the responsible person. It is a notification, not a marketing authorisation.

Who has to keep the safety assessment?

In the EU a safety assessment by a qualified assessor is required and the responsible person must keep the product information file. In the US there is no standalone safety filing, but safety remains the brand's responsibility.

Is fragrance allergen labelling in force in the US?

Not yet. The US rule has been proposed rather than finalised, so this site treats it as not in force. The EU position is different and is set out in the regulation's annexes.

Why does compliance cost more than brands expect?

Because the obligations are split between the factory and the brand. Many brands price a project assuming the factory covers everything, then discover product listing, safety assessment and, in the EU, the product information file are theirs.

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