The FDA Just Said It Does Not Know If Your Makeup Is Safe. Here Is What That Means for Texas Beauty Brands.

The FDA's Own Report Should Get Your Attention

In December 2025, the FDA released a congressionally mandated report on the use of PFAS (per- and polyfluoroalkyl substances) in cosmetic products. The headline finding was not reassuring: the agency determined that toxicological data for the majority of PFAS used in cosmetics is incomplete or unavailable, leaving significant uncertainty about consumer safety.

The full press release is available at FDA.gov.

Based on mandatory cosmetic product listing data, the FDA found that 51 PFAS are currently used in 1,744 cosmetic formulations on the U.S. market. The agency evaluated the 25 most frequently used, which account for roughly 96 percent of intentionally added PFAS in cosmetics. For most of them, the safety picture is murky at best.

The FDA did not ban PFAS in cosmetics. But it publicly flagged the data gap and committed to working with the CDC and EPA to strengthen recommendations. That is the regulatory equivalent of a flashing yellow light.

Texas has a significant beauty and personal care manufacturing presence. If your products contain PFAS, or if you have not yet audited your ingredient list for these substances, now is the time.

MoCRA Is No Longer New. Enforcement Is.

The Modernization of Cosmetics Regulation Act (MoCRA) was signed into law in December 2022 and gave the FDA the most significant expansion of authority over cosmetics since 1938. The compliance deadlines rolled in over 2023 and 2024. In 2026, the FDA has moved firmly into enforcement mode.

In January 2026, the FDA issued a draft guidance document titled "FDA Records Access Authority for Cosmetics Products," clarifying its authority under MoCRA to access and copy records related to cosmetic products.

That guidance is available at FDA.gov.

Translation: If the FDA comes to your facility or contacts your company about a cosmetic product, they have the authority to look at your records, and you need to have them.

Responsible persons (manufacturers, packers, or distributors whose name appears on the label) are required to maintain records supporting safety substantiation for their products.

The FDA also has mandatory recall authority under MoCRA and issued guidance on cosmetics recalls in January 2026. This is not theoretical. The agency can now order a cosmetics recall without a company's agreement if it determines a product poses a risk of serious adverse health consequences.

The Adverse Event Dashboard Is Live and Public

In September 2025, the FDA launched a real-time adverse event reporting dashboard specifically for cosmetic products. Any serious adverse events submitted by responsible persons under MoCRA's mandatory reporting requirements are now publicly searchable.

Your customers, your competitors, and the press can now search FDA's database for adverse events tied to cosmetic products. Transparency cuts both ways.

If your company is not tracking adverse event reports, not submitting serious adverse event reports as required, or not monitoring what is being filed about products in your category, you are behind. The dashboard makes all of this visible in a way it has never been before.

What Texas Beauty Brands Need to Do Right Now

MoCRA compliance is not a one-time checkbox. It is an ongoing operational requirement that includes facility registration and product listing, safety substantiation documentation, adverse event reporting, and record retention. The FDA's new records access authority means any of those records could be requested at any time.

If you are a Texas-based cosmetics manufacturer, brand owner, distributor, or retailer whose name appears on a product label, you are a responsible person under MoCRA.

That designation comes with specific legal obligations.

The attorneys at Bustos Law Group work with cosmetics brands navigating FDA compliance across all four of MoCRA's major requirement areas. If you are unsure where your compliance stands, start with a conversation.

Sources: U.S. Food and Drug Administration (FDA.gov) | Haynes Boone HB At The Counter

This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your business, contact Bustos Law Group.