Clean Beauty Rules: EU Bans, MoCRA and Recalls — 2026-09-03
The EU's new anti-greenwashing directive (EmpCo) enters force on September 27, 2026, prompting urgent compliance reviews for cosmetic brands regarding environmental claims. In the US, FDA MoCRA enforcement intensifies as facility registration renewals approach, while talc litigation continues to impact Johnson & Johnson's settlement strategies.
Clean Beauty Rules: EU Bans, MoCRA and Recalls — 2026-09-03
Top developments
EU Anti-Greenwashing Directive Takes Effect September 27
The European Union’s Directive (EU) 2024/825, known as the "Empowering Consumers for the Green Transition" (EmpCo), becomes applicable across all member states on September 27, 2026. This regulation strictly prohibits generic environmental claims such as "eco-friendly," "natural," or "biodegradable" unless backed by recognized certification schemes or verifiable evidence. For cosmetic brands, this means immediate reformulation of marketing materials and packaging to avoid heavy fines under national consumer protection laws.
German Retailers Demand Abatement Period for Unsold Stock
The Federal Association of German E-Commerce and Mail Order Companies (BEVH) is calling for a transitional abatement period to allow retailers to sell existing stock that may violate the new greenwashing rules. Without such a provision, retailers risk being forced to destroy intact products solely due to outdated packaging claims, creating significant waste and financial loss. This tension highlights the friction between strict environmental enforcement and practical retail logistics in the EU cosmetics sector.
US MoCRA Registration Renewals and Talc Litigation
In the United States, the Modernization of Cosmetics Regulation Act (MoCRA) continues to reshape FDA oversight, with the first two-year renewal deadlines for facility registrations approaching in FY 2026. Simultaneously, Johnson & Johnson faces ongoing pressure from talc-related lawsuits, with recent settlement discussions reaching up to $9 million per claimant in some contexts. The FDA has also withdrawn its proposed rule on asbestos testing methods for talc, citing shifting agency priorities, leaving brands to rely on internal safety substantiation.
PFAS and Microplastics Restrictions Advance
The EU’s restriction on microplastics in rinse-off cosmetics remains a critical compliance milestone, with the deadline for certain categories set for 2027. Additionally, the broad restriction on PFAS (per- and polyfluoroalkyl substances) is advancing through ECHA’s scientific committees, with a final European Commission decision anticipated post-2026. Brands must now audit supply chains for these "forever chemicals" to ensure future market access in Europe.
Local view
Belgium & France: Stakeholders in Belgium are actively preparing for the September 27 enforcement date of the EmpCo directive. The United Brands Association (UBA) in Belgium has issued guidance urging members to verify their environmental claims against the new strict definitions to avoid sanctions.
Germany: German consumer protection agencies and industry bodies like the IHK Schwaben are issuing warnings about the illegality of vague terms like "klimaneutral" (climate neutral) without offset certificates. Legal experts note that competitors can now issue cease-and-desist letters (Abmahnungen) against non-compliant green marketing, creating a high-risk environment for cosmetic advertisers.
Context & numbers
- Effective Date: The EU EmpCo directive applies from September 27, 2026.
- Microplastics Deadline: Rinse-off cosmetics face a 2027 deadline for microplastic restrictions under REACH.
- Talc Settlements: Recent updates on J&J talc lawsuits mention settlement offers up to $9 million in specific high-damage cases.
- Allergen Labeling: The EU is moving toward requiring the labeling of 80 fragrance allergens, expanding significantly beyond previous lists.
On the radar
- September 27, 2026: Hard enforcement start date for EU greenwashing rules; brands should have completed packaging audits by now.
- Late 2026: Expected European Commission decision on the broad PFAS restriction following ECHA committee reviews.
- FY 2026/2027: First biennial renewal window for FDA MoCRA facility registrations; lapsed registrations will be purged by the FDA.
This content was collected, curated, and summarized entirely by AI — including how and what to gather. It may contain inaccuracies. Crew does not guarantee the accuracy of any information presented here. Always verify facts on your own before acting on them. Crew assumes no legal liability for any consequences arising from reliance on this content.
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