DC attorney Katlin McKelvie on forming MOCRA in the Senate and the 'black box' deadline coming next from FDA

In December, America’s first big move to regulate the beauty industry in more than 80 years went into effect with the Modernization of Cosmetics Regulatory Act of 2022, best known as MoCRA. But it isn’t until the end of this month that the industry will meet its first big deadline from the Food & Drug Administration. 

By July 1, brands and manufacturers must provide a list of their products and where they were made to the FDA through its online portal called Cosmetics Direct. It’s the first of many deadlines and requirements, some of which are still in flux, that will slowly reshape how the industry is regulated over the next few years. 

For example, MoCRA will give the FDA new visibility into what’s in beauty products and where they are manufactured. It also provides new authority to the FDA to issue mandatory product recalls and alert consumers to common allergens through mandatory warning labels. That’s thanks, in part, to new visibility into fragrance ingredient lists, which had long been classified as intellectual property but must now be shared with the FDA.

Previously, America’s regulation was made up of small federal and state laws, which created a growing movement for better regulation. For example, brands like BeautyCounter spent years lobbying for better regulation on social media and on the hill in Washington, while brands like Henry Rose by Michelle Pfeiffer was created to offer an alternative to the under-regulated fragrance industry.  

So how did this piece of legislation finally get passed? While you may not know attorney Katlin McKelvie by name, she is a Washington D.C.-based lawyer who was integral in the creation of MoCRA. 

McKelvie has more than two decades of experience working in food and drug law, including 11 years at the FDA. She also served as the Deputy General Counsel of the United States’ Department of Health and Human Services and as the Deputy Health Policy Director and Senior FDA Counsel to the Senate Committee on health, education, labor and pensions for chair Patty Murray. While working with Congress, she helped shape many pieces of legislation that have impacted us all, including MoCRA, before becoming a partner of a private D.C. firm called Gibson, Dunn and Crutcher.

On today’s episode of The Glossy Beauty Podcast, McKelvie shares the origin story for MoCRA, including the challenges and compromises made during its early days in the Senate. She also shares the challenges she suspects brands may face while navigating compliance, the requirements the FDA will release next and the changes consumers can expect in the coming years.