US FDA delays Formaldehyde ban and fragrances allergen policies until November 2026

On 3 July 2026, the U.S. Office of Information and Regulatory Affairs published the 2026 Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions. The agenda provides an updated overview of the regulatory actions currently planned by the U.S. Food and Drug Administration for the cosmetics sector.

One of the most relevant developments concerns hair smoothing and straightening products. The FDA is currently targeting November 2026 for the publication of a Notice of Proposed Rulemaking addressing the use of formaldehyde and formaldehyde-releasing substances in these products.

The proposed rule is expected to prohibit ingredients such as formaldehyde and methylene glycol when used in hair smoothing or hair straightening products that release formaldehyde after being applied to the hair and exposed to heat under normal conditions of use.

The FDA is also planning to publish a separate proposed rule in November 2026 concerning the disclosure of fragrance allergens on cosmetic product labels. This rulemaking is intended to implement the fragrance allergen labeling requirements introduced by the Modernization of Cosmetics Regulation Act of 2022, commonly known as MoCRA.

The proposal is expected to establish which fragrance substances must be individually disclosed on cosmetic labeling, potentially introducing significant changes for product formulations, ingredient lists and packaging intended for the U.S. market.

The latest agenda also highlights several notable omissions. The proposed rule on standardized testing methods for detecting and identifying asbestos in talc-containing cosmetics, which appeared in the Spring 2025 Unified Agenda, is no longer listed following the FDA’s withdrawal of that rulemaking in late 2025.

In addition, the cosmetics Good Manufacturing Practice rule required under MoCRA is not included in the current agenda. Its absence suggests that the publication timeline remains unclear, despite the importance of the future GMP requirements for cosmetic manufacturers and processors.

Cosmetic companies placing products on the U.S. market should continue monitoring these developments, particularly businesses marketing hair straightening products, fragranced cosmetics or products manufactured in facilities that will eventually be subject to the forthcoming MoCRA GMP framework.

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