The short answer

For makeup, colors are the biggest US risk. FDA says color additive violations are a common reason imported cosmetics are detained. Every color must be approved, used only for its listed purposes, and — for many colors — come from an FDA-certified batch.

RequirementWhat it meansWho
Facility registration (MoCRA)Facilities that manufacture or process cosmetics for the US register with FDA and renew every two yearsThe manufacturing facility
Product listingEach product is listed with its ingredients, and updated every yearThe Responsible Person
LabelEnglish label: identity, net quantity, ingredients in descending order, name and place of business, warnings, and a contact for adverse event reportsThe brand
Approved colorsEach color approved for that use (eye area, lips, general); certified batches where requiredThe brand / manufacturer
Safety substantiationRecords showing the product is safe as usedThe Responsible Person
Adverse event reportingSerious adverse events reported to FDA within 15 business daysThe Responsible Person

The three color rules

  1. 1ApprovedAll color additives in cosmetics must be approved by FDA and meet their identity and specifications.
  2. 2Approved for this useA color can only be used as its regulation lists — near the eyes only if eye-area use is allowed; on the lips only if lip use is allowed. “Externally applied” does not include the lips or mucous membranes.
  3. 3Certified, if certifiableColors named like “FD&C …” or “D&C …” may only be used from batches FDA has certified. Colors exempt from certification (for example many mineral and plant-derived colors) still must meet every other rule.

Common problems

⚠️ A formula that is legal in the EU, Korea or Japan can still fail in the US because one color is not approved for that area. Check every shade, not just the base formula.

Label points

Example

A makeup brand in South Korea preparing an eyeshadow palette for the US checks each of its 12 shades against FDA's list of colors permitted in cosmetics, replaces one red that is not approved for eye-area use, and buys its D&C colors from FDA-certified batches. Its factory is registered under MoCRA and each palette is listed.

What FDA does — and does not do — for cosmetics

FDA does not approve cosmetic products or their labels before they are sold (color additives are the exception). Registration and listing are not an approval, so never write “FDA approved” or “FDA certified” on a cosmetic label or website. Under MoCRA, the brand carries the responsibility: it must be able to show the product is safe as used, and FDA can inspect records, ask for safety information and, in serious cases, suspend a facility's registration or order a recall.

At the US border, FDA reviews imported cosmetics and can detain a shipment that appears adulterated or misbranded — for example a wrong or missing English label, an unapproved color, a prohibited ingredient or drug claims. Detained goods must be brought into compliance, exported or destroyed, so it pays to fix problems before the first shipment.

Small businesses: what MoCRA exempts

MoCRA exempts certain small businesses from facility registration, product listing and GMP. The exemption does not cover products that regularly touch the eye's mucous membrane, injected products, products for internal use, or products meant to change appearance for more than 24 hours. Labeling, safety substantiation and adverse event reporting are not on the exempt list — and many US retailers and marketplaces ask for registration and listing anyway.

Step by step: selling your makeup in the US

  1. 1Decide: cosmetic, drug or bothYour claims and ingredients decide it. A drug needs drug registration, listing and Drug Facts labeling.
  2. 2Register the manufacturing facilityUnder MoCRA, and renew every two years. Foreign facilities name a U.S. Agent.
  3. 3List every productThe Responsible Person lists each product with its ingredients and updates the listing every year.
  4. 4Make the label US-readyEnglish text, ingredient list, warnings, contact for adverse events — and the product-specific points above.
  5. 5Keep safety records and an adverse event processSafety substantiation on file; serious adverse events reported within 15 business days.

Checklist

Selling cosmetics in the US?

Tell us your products — we send your MoCRA and FDA requirements in writing, free.

Cosmetics requirements →
Need MoCRA registration? We register your cosmetic facility and list your products, with U.S. Agent and Certificate of Registration included — $300/year or $450 for 2 years. MoCRA cosmetics registration →

Frequently asked questions

Do all colors in cosmetics need FDA approval?

Yes. FDA says all color additives used in cosmetics must be approved, and each may only be used as its regulation allows. Coal-tar hair dyes with the required caution statement are the exception.

What is batch certification?

Certifiable colors — usually named like “FD&C Yellow No. 5” or “D&C Red No. 7” — may only be used if FDA has certified the specific batch. Colors exempt from certification still have to meet all other requirements.

Can I use a color in eyeshadow if it is allowed in lipstick?

Not automatically. A color can be used in the eye area only if its regulation allows eye-area use, and “externally applied” does not include the lips or mucous membranes. Check the listed uses for every color in every product.

Are CI numbers enough on a US label?

A color with only a CI or E number has not been FDA-certified. US labels use the FDA names, and certifiable colors must come from FDA-certified batches.

Who is the Responsible Person under MoCRA?

The manufacturer, packer or distributor whose name appears on the label. The Responsible Person lists the products, keeps safety records and reports serious adverse events to FDA within 15 business days.

Are small cosmetic businesses exempt from MoCRA?

Certain small businesses are exempt from facility registration, product listing and GMP — but not for products that touch the eye’s mucous membrane, injected products, products for internal use or products that change appearance for more than 24 hours. Labeling, safety records and adverse event reporting still apply.

Sources

Dates, fees and regulation numbers checked against FDA and Federal Register sources on November 8, 2026. This article is general information, not legal advice.

✅ MoCRA made simple: cosmetic facility registration + U.S. Agent $300, product listing $150 per product, cosmetics label review $250. See cosmetic services →