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Cosmetics Direct Gets Two Portal “Fillers” – Discontinuation and Relisting Features Added

Client Alert | 1 min read | 08.06.24

On July 29, 2024, FDA announced that it added two new features to Cosmetics Direct, the electronic submission portal used for the facility registration and product listing requirements now in effect under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The portal now allows responsible persons to “discontinue” and “relist” cosmetic products.

Here’s how it works:  rather than deleting a cosmetic product that is no longer on the market, the responsible person (i.e., the manufacturer, packer or distributor whose name appears on the product’s label) can now select “discontinue.” The practical effect of selecting “discontinue” is that the product’s information will remain in the Structure Product Labeling file on Cosmetics Direct, rather than being permanently deleted. The corresponding “relisting” feature enables the responsible person to relist any discontinued cosmetics that are being put back on to the market. Together, these new features provide a more efficient experience for the responsible person, who would otherwise have to start over and list a new product if and when a discontinued cosmetic is being put back on the market—e.g., after a temporary decision to stop sales.

To view more details about these new features, as well as instructions on how to use the Cosmetics Direct portal, FDA published an updated User’s Guide.

These changes come approximately one month after FDA began enforcing MoCRA’s product listing and facility registration requirements on July 1, 2024, and show FDA is taking steps to make compliance with MoCRA more user friendly. Responsible persons should review and monitor FDA’s Cosmetics Direct webpage to keep abreast of the latest resources for registration and listing of cosmetic products. We will continue to monitor and report on the latest developments as well.

Insights

Client Alert | 3 min read | 05.20.25

DOJ’s Civil Rights Fraud Initiative Bolsters Threat of False Claims Act Enforcement Under “Anti-DEI” Executive Order

On May 19, 2025, Deputy Attorney General Todd Blanche issued a Memorandum creating the Civil Rights Fraud Initiative that will “utilize the False Claims Act to investigate and . . . pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” According to the Memorandum, though racial discrimination has “always been illegal,” the Administration posits that “many corporations and schools continue to adhere to racist policies and preferences—albeit camouflaged with cosmetic changes that disguise their discriminatory nature.” In an effort to prevent federal funds from being used in connection with or support of these purportedly racist policies and preferences, the Initiative will wield the power of the False Claims Act, the government’s most powerful tool to fight fraud, waste, and abuse....