The FDA issued a guidance today entitled Compliance Policy for Cosmetic Product Facility Registration and Cosmetic Product Listing (here) announcing a 6-month period during which the FDA will not take compliance actions against a company for failing to meet the cosmetic listing and facility registration requirements. According to the FDA, the policy is designed to give owners of such facilities and responsible individuals who are required to provide listing information an additional 6-month time in which to comply with the new statutory requirements.
The Agency notes that “[T]his guidance is being implemented without prior public comment because the Agency has determined that prior public participation is not feasible or appropriate”, although the Agency states it will entertain comments to the guidance. With the approaching original deadline for compliance of December 29, 2023, the Agency recognized that it was not feasible for listing and registration activities to be completed and, by issuing this guidance, are giving an additional 6-months (until July 1, 2024) to comply.
There are certain additional dates for activities that are required under the new legislation that are identified in the guidance that are important for ongoing compliance. All cosmetic manufacturers and persons responsible for cosmetic product listings – please take note of the provisions in this guidance as it is unlikely that FDA will further extend the deadline for compliance.