Many, Many Governmental Regulatory Agencies
Many regulatory agencies oversee different aspects of a company that sells personal care products. These agencies don’t regulate the same things, but together they shape the rules that guide product safety, labeling, marketing, and environmental impact.
These regulations are mandatory and apply to all cosmetic manufacturers—whether or not they choose to pursue organic certification.
Here’s a clear breakdown of who does what.
FDA — Food & Drug Administration
Under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), most of the products we make are classified as cosmetics.
Even simple statements like “apply after bathing” are considered cosmetic claims because they imply the product affects the appearance or condition of the skin.
While true soap is exempt from FDA cosmetic regulations, the moment a claim like “moisturizing” is made, it becomes a cosmetic.
As a result, we are required to:
- Register our facility
- List all cosmetic products
- Report ingredient information
The FDA does not regulate, recognize, or define the word “organic.” There is no way to “verify” or trace organic status through the FDA.
Where MoCRA Fits—and Where It Falls Short
Just my two cents — from a small business owner
When Congress passed the Modernization of Cosmetics Regulation Act in 2022, it was the most significant expansion of the Food and Drug Administration’s authority to regulate cosmetics in more than 80 years.
While some feel these changes were long overdue, it is also clear that the authors of MoCRA know very little about the U.S. beauty and skincare industry—something evident in the Act’s shortcomings.
I’m all for product safety and reasonable regulation — consumers deserve that.
But it’s important to understand what MoCRA does—and what it does not do.
MoCRA establishes a baseline for cosmetic safety. It focuses on facility registration, product listing, and safety substantiation.
The law aims to modernize cosmetic oversight, but it leaves important gaps. While the European Union (EU) has banned over 1,300 cosmetic ingredients, the U.S. has banned or restricted only 11.
Also, MoCRA does not regulate or define terms like “organic,” “natural,” “clean,” or “safe.” So, companies can continue using vague marketing language without meeting any consistent, verifiable standard. In other words, safety is addressed—but meaning is not.
What’s more, MoCRA doesn’t acknowledge companies already certified under stricter programs like USDA Organic, NSF/ANSI 305, or NATRUE — certifications that have far more rigorous requirements for ingredient sourcing, formulation purity, handling, traceability, and transparency than MoCRA ever will.
Although MoCRA is often described as creating a more "level playing field" for cosmetic companies by creating a uniform federal regulatory standard, it favors large, well‑funded brands. Compliance requires time, documentation, and resources. Large brands have compliance teams and deep pockets.
Small makers? We have…us. And that difference matters—because it means that small, values‑driven companies often carry a heavier burden, even when they are already meeting higher standards through voluntary certification.
MoCRA improves baseline oversight, but it does not ensure the kind of meaningful standards that define truly high-quality, responsibly made skincare products.
So yes, MoCRA raises the floor for safety. But it doesn’t raise the ceiling — and it certainly doesn’t level the playing field for all brands.
EPA — Environmental Protection Agency
What they regulate:
- Products classified as pesticides
- Environmental impact
- Certain ingredients and facility standards
Natural bug repellents fall under EPA regulation because they are classified as pesticides. The EPA defines "pesticide" broadly to include any substance intended to prevent, destroy, repel, or mitigate pests, regardless of whether they are synthetic or natural.
Our bug repellents are classified as a "minimum risk pesticide" because their "active and inert ingredients pose little to no risk to human health or the environment." Minimum risk bug repellents are exempt from EPA registration under FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) Section 25(b).
The following six conditions found must be met for an insect repellent product to qualify as a Minimum Risk Repellent
- Active Ingredients: Must be chosen from a specific list of 31 allowed substances, such as castor oil, citronella, rosemary oil, peppermint oil, or thyme oil.
- Inert Ingredients: Must be classified by the EPA as safe (known as List 4A).
- All active and inert ingredients must be listed on the product label.
- The product cannot claim to control pests that carry specific diseases. For example, it cannot claim to repel mosquitoes carrying West Nile Virus.
- The name of the company selling the repellent, as well as its contact information, must be displayed prominently on the product label.
- The label cannot include any false or misleading statements.
OSHA — Occupational Safety and Health Administration
What they regulate:
- Worker safety
- Chemical handling
- Facility safety standards
OSHA can pop in to inspect at any time. We voluntarily undergo OSHA safety inspections every few years because protecting our employees matters to us.
FTC — Federal Trade Commission
What they regulate:
- Truth‑in‑advertising
- Misleading or deceptive marketing claims
- Claims made on websites, social media, and packaging
If a claim could mislead a customer, the FTC cares.
Federal, State, and Local Oversight
In addition to federal agencies, state and local regulations also play a role in monitoring business operations, adding additional layers of oversight.
Where USDA Organic Certification Fits In
Unlike the agencies above, USDA Organic Certification is completely voluntary.
It does not replace existing regulations—it goes beyond them.
While agencies like the FDA focus on safety and labeling, USDA certification verifies:
- How ingredients are grown
- How they are processed
- How they are handled throughout production
It is the only system that provides third-party verification of true organic claims in skincare.
- The USDA does not regulate cosmetics.
- They do not enforce the use of the word “organic” in skincare.
- They do not require cosmetic companies to follow organic standards.
This is why USDA Organic certification is so meaningful — it is voluntary, audited, and the only regulated organic standard for personal care products labeled "organic."
