The regulatory environment for cosmetics, e-liquids, candies, and baked goods in the United States is undergoing significant changes in 2025. Below is an overview of the latest developments, compliance requirements, and trends impacting these product categories.

Cosmetics

MoCRA Implementation and Compliance

The Modernization of Cosmetics Regulation Act (MoCRA), enacted in 2022, is now fully reshaping the U.S. cosmetics industry. Key requirements in effect as of 2025 include:

• Facility Registration: All domestic and foreign manufacturers must register with the FDA and update their registration biennially or within 60 days of changes.

• Product Listing: Every cosmetic product, including variants, must be listed with the FDA, with full ingredient disclosure.

• Safety Substantiation: Companies must maintain scientific evidence proving product safety under normal use.

• Adverse Event Reporting: Serious health incidents must be reported to the FDA within 15 business days.

• Labeling: Enhanced labeling rules require the disclosure of fragrance allergens, identification of a responsible person, and clear labeling for professional-use products

Upcoming Changes:

• The FDA is expected to release new Good Manufacturing Practices (GMP) guidelines and fragrance allergen disclosure rules in late 2025

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• Stricter enforcement on non-compliant imports: In March 2025, the FDA rejected 83 batches of imported cosmetics, mainly due to unapproved color additives and mislabeling

E-Liquids and Vaping Products

Federal Regulations

• Pre-Market Approval: All vaping products introduced after 2024 require FDA pre-market authorization (PMTA). Only a select group of tobacco and menthol-flavored closed-system vapes have received approval

• Age Restrictions: Federal law prohibits sales to individuals under 21, enforced in all states with mandatory electronic ID verification

• Flavor Bans: The FDA and several states are enforcing bans on flavored disposable vapes, especially those appealing to youth. California, Massachusetts, New York, New Jersey, and Rhode Island have comprehensive bans on all flavors except tobacco and menthol

• Marketing and Labeling: Stricter rules prohibit youth-targeted branding and require robust age verification for online sales

Enforcement Trends:

• The FDA is intensifying enforcement against unauthorized products, especially flavored disposables and synthetic nicotine vapes

• Retailers and manufacturers face fines, license revocation, and product seizures for non-compliance

Candies and Confectionery

Ingredient and Labeling Updates

• Red Dye No. 3 Ban: As of January 2025, the FDA has revoked authorization for Red Dye No. 3 in foods and ingested drugs due to cancer risk concerns. Products containing this dye must be reformulated or withdrawn from the market

• Allergen Labeling: The FDA updated its Food Allergen Q&A Guidance in March 2025, expanding the definition of certain allergens and clarifying labeling requirements for the nine major allergens, including sesame

• State-Level Action: Some states, such as California, have enacted bans on additional additives (e.g., BVO, propylparaben, potassium bromate), signaling a trend toward stricter local regulation

International Considerations:

• U.S. candy exporters should note that countries like China impose strict limits on nutritional fortifiers in candies, leading to frequent import rejections for non-compliance

Baked Goods

FDA Compliance Essentials

• Ingredient Safety: All ingredients must be FDA-approved and, where applicable, GRAS (Generally Recognized as Safe)

• Labeling: Accurate nutritional information, ingredient lists in descending order by weight, and clear allergen declarations are mandatory. Compliance with the Food Allergen Labeling and Consumer Protection Act (FALCPA) is required

• Manufacturing Practices: Good Manufacturing Practices (GMPs) must be followed to prevent contamination and ensure product integrity

• Traceability: The FDA has extended the deadline for compliance with the Food Traceability Final Rule, but companies should begin preparing for enhanced record-keeping and traceability requirements

Tariffs and Supply Chain:
Ongoing and new tariffs on imported ingredients and packaging materials are increasing costs and creating supply chain challenges for U.S. bakers.

Key Takeaways for 2025

• Cosmetics: MoCRA compliance is non-negotiable; expect more enforcement and new GMP guidance later in 2025.

• E-Liquids: Only FDA-authorized products (mostly tobacco/menthol) are legal; flavored disposables face bans and enforcement.

• Candies: Reformulate to remove banned dyes (e.g., Red Dye No. 3) and ensure allergen labeling is up-to-date.

• Baked Goods: Maintain rigorous FDA compliance for ingredients, labeling, and manufacturing; prepare for stricter traceability and possible state-level ingredient bans.

Staying informed and proactive is essential as the regulatory landscape continues to evolve across all these product categories.