Minnesota direct-to-consumer guide, 2026

Body Care

Soaps, lotions, balms, scrubs, and other products used on skin and hair.

Federal Cosmetic Rules + State PFAS Ban
$1MMoCRA small-business line (3-year average sales)
15 daysBusiness days to report a serious adverse event
Jan 1, 2025PFAS banned in cosmetics sold in Minnesota
6.875%State sales tax applies

What is covered and what needs a different path

What’s covered

  • Lotions, balms, scrubs, and lip products with cosmetic claims only
  • True soap made of fat and alkali, cleansing claim only (CPSC, not FDA)
  • Small makers under the $1M MoCRA line, with safety and labeling duties

Needs a different path

  • Products that claim to treat or prevent a condition (sunscreen, acne, eczema) are drugs
  • Anything with intentionally added PFAS
  • Using color additives not approved for cosmetics

Three compliance steps

A

Sort your product

Cosmetics are for cleansing or beautifying. Drug claims need FDA drug compliance. True soap follows consumer product rules instead.

B

Meet MoCRA labeling

Show identity, net quantity, ingredients in descending order, warnings, and a domestic address or phone for adverse events. Keep safety substantiation on file. Under $1M average sales you are exempt from facility registration and product listing.

C

Keep PFAS out and collect tax

Minnesota bans intentionally added PFAS in cosmetics. Charge 6.875% plus local tax on retail sales.

Quick reference

ItemRuleRegulator
Facility registration, listingSmall-business exemption below $1M average annual salesFDA
Adverse eventsSerious events reported within 15 business daysFDA
Safety substantiationRequired for every product; keep recordsFDA
PFASIntentionally added PFAS banned in cosmetics since Jan 1, 2025MPCA
Sales taxBody care is taxable at 6.875% plus localMN Revenue

Frequently asked questions

Is handmade soap regulated by FDA?

True soap is generally regulated by CPSC. Add cosmetic claims or non-soap detergents and it becomes an FDA cosmetic.

Do I report PFAS if I add none?

The reporting duty applies to products with intentionally added PFAS. Keep supplier statements anyway.

Can I make a sunscreen?

SPF claims make it an over-the-counter drug with FDA drug requirements. That is a different path.

Printable checklist

  • Classify each product: soap, cosmetic, or drug
  • Ingredient list and net quantity on label
  • Domestic contact for adverse events
  • Safety substantiation file
  • PFAS supplier statements
  • Minnesota sales tax ID

MoCRA thresholds are federal reference rules.