The short answer

Oral care is one of the clearest cosmetic-or-drug splits in US law. Cleaning and freshening = cosmetic. Fluoride or anti-cavity claims = drug as well. Get this right before you print a single tube.

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
Cosmetic or OTC drug?Fluoride or anti-cavity claims add drug registration, listing (NDC) and Drug FactsThe 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

Cosmetic or drug?

Product / claimStatusWhat you need
Cleans teeth, freshens breathCosmeticMoCRA registration and listing; cosmetic label
Fluoride / prevents cavitiesCosmetic + OTC drugAlso drug establishment registration, drug listing with NDC, Drug Facts, OTC monograph compliance
Treats gum disease or sensitivityDrugDrug requirements for that claim
Mouthwash for fresh breathCosmeticMoCRA steps

FDA gives fluoride toothpaste as a standard example of a product that is both a cosmetic and a drug. Even without words like “anti-cavity”, a well-known therapeutic ingredient such as fluoride can establish drug use.

What the drug route adds

⚠️ Whitening claims need care too. “Removes surface stains” is a cosmetic claim; claims about treating or strengthening teeth are not.

Example

An oral care brand in Japan sells two US products. Its fluoride-free “fresh mint” toothpaste tablets are cosmetics — registered and listed under MoCRA. Its fluoride toothpaste is an OTC drug: made in a registered drug establishment, listed with an NDC, and labeled with Drug Facts showing sodium fluoride as the active ingredient.

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 oral care products 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?

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Frequently asked questions

Is toothpaste a cosmetic or a drug in the US?

A toothpaste that only cleans teeth and freshens breath is a cosmetic. Fluoride toothpaste, or any toothpaste claiming to prevent cavities, is both a cosmetic and a drug and must meet drug requirements too.

What does a fluoride toothpaste need?

As an OTC drug, it must follow the applicable OTC monograph (or have an approved application), be made in a registered drug establishment, be listed with FDA with an NDC, and carry Drug Facts labeling with fluoride as the active ingredient.

Is a fluoride-free toothpaste tablet a cosmetic?

It can be, if it makes only cosmetic claims (cleaning, freshening) and contains no active drug ingredient. Claims like “prevents cavities” or “treats gum disease” would make it a drug.

Is mouthwash a cosmetic?

A mouthwash for fresh breath only is a cosmetic. Claims to kill germs that cause gum disease, prevent cavities or treat a condition make it a drug.

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.

✅ Cosmetic or OTC drug — we handle both: MoCRA registration + U.S. Agent $300; drug establishment registration + NDC labeler code + U.S. Agent $550; drug listing $350. See services →