Cosmetics regulations and requirements
In December 2022, President Biden passed the Modernization of Cosmetics Regulation Act (MoCRA). MoCRA introduced mandatory facility registration, product listing, adverse event reporting, and clear expectations around safety substantiation.
Manufacturers and processors of cosmetic products distributed in the US are generally required to register their facilities with the FDA under MoCRA, subject to certain exemptions. Foreign manufacturing facilities are required to designate a US-based agent for regulatory communications.
The FDA’s website is a good place to start when it comes to anticipating any new changes. BeautyMatter offers a series of useful resources and articles.
Each brand must have a designated ‘Responsible Person’. The ‘Responsible Person’ must provide domestic contact information through which adverse events can be reported. The ‘Responsible Person’ is also the FDA’s first contact point for compliance and product listing information.
For product listing, even if manufactured outside of the US, the facility still needs to be registered with the FDA. However, if you are a retailer, salon or private label distributor, not manufacturing cosmetics and based outside of the US, you do not need to register your facility.
Small businesses are exempt from some policies, but not all. They still must complete adverse event tracking, safety substantiations and labelling requirements
Packaging and ingredients
Keeping up with different market requirements can be a regulatory headache when selling cosmetic products worldwide, but here’s what you need to know.
- Cosmetics sold in the US must comply with the Federal Food, Drug and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA). Both acts should be considered when creating the ingredient list and designing packaging.
- To have a compliant ingredient list, you must ensure your product formula is also compliant. This means thoroughly checking that formulas do not include any prohibited ingredients, and if it includes a restricted ingredient, it complies with the restrictions.
- You may also wish to consult this FDA Cosmetics Labeling Guide.
Customs, duties and declarations
Before you can begin trading in the US, you will need to familiarise yourself with the duties, rules, restrictions and documents you need for your products. See current duties and customs procedures for the USA.
Tariffs
- Currently, the UK is subject to an additional 10% tariff on top of existing US duties, fees and taxes on imports from the UK.
- In May 2025, the UK and the US signed the Economic Prosperity Deal. You can read the terms here.
- In August 2025, the US also removed the de minimis threshold. Previously, commercial shipments with a value below $800 were exempted from duties. Exporters must be aware that these are now tariffed and subject to processing fees and formal customs entries.
Other trade barriers
- Non-tariff barriers (NTBs) are hurdles to trade even more often than tariffs. You can find information on US NTBs here.
Export licensing and restrictions
Intellectual Property
Intellectual property (IP) rights are territorial and rights granted in the UK do not provide protection elsewhere. You should consider getting IP protection abroad if you want to trade overseas or sell to overseas customers via the internet.
The Intellectual Property Office provides practical information to help you protect, manage and enforce your IP abroad. Further support for British businesses can be found through a network of IP attachés, based in key UK export markets.
Travel and Immigration
UK nationals can travel to the US without a visa for short business trips — such as attending trade shows, meetings or negotiations — under the Visa Waiver Program (VWP), provided they hold a valid Esta (Electronic System for Travel Authorisation).
If you intend to work in the US in a more substantive capacity, such as setting up operations or providing services on the ground, a visa will likely be required.
Resources
If you need legal advice abroad regarding business, it is possible to find lawyers through the UK government.
