Introduction

As we move into 2026, the cosmetic industry in North America is entering a pivotal era of heightened scrutiny and structural change. From the long-awaited integration of advanced UV filters like Bemotrizinol into the U.S. OTC Monograph, to the rigorous enforcement of PFAS bans, new Proposition 65 warning obligations, and Candana's stricter ingredient transparency for fragrance allergens.

This overview highlights the key U.S. and regional regulatory developments taking effect in 2026 that cosmetic companies should prepare for now.

U.S. FDA Proposes Addition of Bemotrizinol to the U.S. OTC Monograph M020

On December 11, 2025, the U.S. Food and Drug Administration (FDA) issued a proposed administrative order, proposing to add Bemotrizinol (Bis-Ethylhexyloxyphenol Methoxyphenyl Triazine, CAS No. 187393-00-6), at concentrations up to 6 percent, to the OTC Monograph M020 for use as a sunscreen. Public comments are open until January 26, 2026.

U.S. FDA Delays Key MoCRA Rulemakings on Talc Testing and Fragrance Allergen Disclosure

• On November 28, 2025, the U.S. FDA officially withdrew the proposed rule issued on December 26, 2024, titled “Testing Methods for Detecting and Identifying Asbestos in Talc‑Containing Cosmetic Products.” This withdrawal further delays the publication of a standardized testing method.

• FDA has again postponed the release of the proposed rule on fragrance allergen disclosure under MoCRA, with the current extension moving the expected timeline to May 2026.

California Prop 65 Warning Requirements for Newly Listed Substances Take Effect in 2026

Newly listed substances under California Proposition 65, including vinyl acetate, N-methyl-N-formylhydrazine, and bisphenol S (BPS), will trigger mandatory warning requirements for applicable cosmetic products beginning in 2026.

Several U.S. States Introduce Enforceable Restrictions on Intentionally Added PFAS in Cosmetics

• Connecticut: From July 1, 2026, manufacturers may not manufacture, sell, or distribute cosmetics containing intentionally added PFAS unless the product is labelled accordingly and advance written notification is provided to the Connecticut Department of Energy and Environmental Protection.

• Maine: From January 1, 2026, the sale or distribution of cosmetic products containing intentionally added PFAS is prohibited.

• Vermont: From January 1, 2026, the manufacture, sale, or distribution of cosmetics containing intentionally added PFAS is prohibited.

Canada’s Fragrance Allergen Disclosure Requirements Enter into Force

Canada will implement phased fragrance allergen disclosure obligations for cosmetics:

• From April 12, 2026, both new and existing cosmetic products must declare 24 fragrance allergens in the ingredient list where concentrations exceed 0.01% in rinse-off products or 0.001% in leave-on products.

• From August 1, 2026, newly marketed cosmetic products must declare 81 fragrance allergens under the same concentration thresholds.