It’s the back-to-school season, so let’s take a quick review of the requirements. Although MoCRA passed in December 2022, and we’ve had some changes to the regulations – the basics are still the same.
All Consumer Products
All consumer products that are sold in the US have specific requirements for the label. A consumer product is one that is used by consumers and typically used up. So paper towels, soap, cosmetics, laundry detergent, toothpaste, and diapers are all consumer products; jewelry, furniture, and electronics are not.
FRONT
You must put the product identity and the net contents on the front of the package (the principal display panel):
1. Product Identity
The product identity tells the consumer WHAT the product is. Is it soap? lotion? candle?
Usually, the product identity is in fairly large type (how large is not specified in the regulations). It is the common name for the product. It can even be a picture that graphically shows what the product is.
2. Net Contents
The net contents tell the consumer HOW MUCH they are buying.
There are quite a few requirements for the net contents, including size, placement, and how it should be stated (in US and metric).
BACK or SIDE
All consumer products require the business name and address on the back or sides of the package.
3. Business Name & Address
The legal business name of the company is required. If you have an LLC or partnership, it would be that name. If you are a sole proprietor, it would be YOUR name. If you’ve filed for a fictitious name (also called a “DBA”), then you can use that name for yourself, but not for an LLC.
The address must be the actual physical address of your business. It could be where you make your business decisions or where you manufacture your products, if those places are different. It MUST include the city, state, and zip code. The street address may be omitted if it is included in a print or online phone or city directory listing under the business name (for cosmetics) or findable in a readily available, publicly accessible website or directory under the business name (for other consumer products).
Cosmetics
Cosmetics have a few additional requirements.
3A. Contact for Adverse Event Reports
If you omit the street address per the above requirements, you must add a phone number, email, or website to the package so someone can contact you if they have a severe adverse reaction to the product.
4. Ingredient Declaration
All cosmetics must have an ingredient declaration which includes all of the ingredients in the product. There are some requirements for it:
- It must be 1/16″ in height.
- All ingredients must be listed, including the components of blended ingredients such as infusions, preservatives, bases, or blended colors (e.g., “colored mica”).
- Ingredients must be listed in descending order of predominance OR in the alternative order, which is a) the descending order of predominance for all ingredients present at more than 1%, b) ingredients present at 1% or less can be listed in any order, and finally, c) color additives listed in any order regardless of amount.
5. Warning Labels
Some cosmetics have specific warning labels required: bubble bath, feminine deodorant spray, suntan preparations without sunscreen, and products containing AHAs or BHAs.
Other Products
Some other products — particularly children’s products, bug repellants, candles, and hazardous substances — have additional label requirements. If your product falls into one of these categories, make sure you check for and comply with the additional requirements.
Need Help?
If you need help making sure that your product labels are compliant, I’m available for consulting and label reviews.
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