Drug-claim risk. In the US a product's intended use is set by its claims. A Canadian brand from Delta, BC (Bodywell Natural Skin Care) received an FDA warning letter on 27 March 2024 for claims like "Soothes Skin Irritation and Inflammation" and "Fast Healing of Wounds & Damaged Skin", and was put on an import alert. Aegeia Skin Care received one in 2017 for "healing … cracked or blistered skin". Plantd's "heals cracked skin and calms irritation", "anti-inflammatory", "Boosts collagen" and "Stimulates collagen + elastin" belong in the same family. Remove them from the site, the cartons and every listing.

Tariffs and USMCA. Canadian goods that are not USMCA-originating face an extra 10% under Section 301 (from 24 July 2026). Claim USMCA with a certification of origin to avoid it; a broker confirms the chapter 33 origin rule. A separate Section 338 duty of +50% (from 22 August 2026, no USMCA exemption) covers headings 3304.10, 3304.20 and 3304.30, but not 3304.99, where creams, balms and oils normally classify (MFN rate: free). Correct classification is worth a lot of money; get a written classification from the broker.

Importer of record. Distributors and Amazon expect duty-paid delivery to US warehouses. Plantd either acts as a non-resident importer (CBP Form 5106 and a continuous bond) through a US customs broker, or uses a US 3PL that acts as importer. A US warehouse is practically required for Amazon, Faire speed, Lotus Light reorders and UNFI or KeHE appointments.

De minimis is gone. Duty-free treatment for low-value parcels has been suspended for all countries since 29 August 2025, and statutory termination follows on 1 July 2027. Every cross-border direct-to-consumer parcel is now a dutiable entry, which supports moving US stock into a US warehouse.

MoCRA registration and listing. A foreign manufacturing facility registers with FDA and names a US agent physically in the US; each product is listed with its ingredients within 120 days of marketing, through Cosmetics Direct, and updated yearly. Businesses with under $1 million average annual US cosmetic sales are exempt from registration, listing and GMP, unless a product regularly touches the eye area. Marketing the cleansing balm as an eye-makeup remover could remove the exemption Estimate. Serious adverse events go to FDA within 15 business days.

US label. Net quantity by weight for creams, balms and scrubs ("Net wt. X oz (X g)") in the bottom 30% of the front panel; fluid measure only for the oil ("1 fl oz (30 mL)"). Today's "60 ml" and "8 fl. oz." statements do not fit US practice for creams. Ingredients in English common names ("Water (Aqua)" rather than "Aqua/Water/Eau"); a US address, phone or website for adverse-event contact; "Made in Canada" in English. If French appears, every required statement must also appear in French.

Organic claims. Below 70% certified organic content, USDA rules allow "organic" only in the ingredient list (the asterisk Plantd already uses), never on the front panel, and no seal. Whole Foods applies the same rule. Cosmetics are outside the Canada Organic Regime entirely, so no Canada Organic logo either.

Insurance. Product liability naming the buyer as additional insured: $2 million per occurrence for Threshold; $1 million/$2 million is the common retail floor.

Barcodes. 11 of 12 UPCs pass the check digit, but the Spa 2 oz code (628942537016) fails: check it against the printed label and correct it now. Then confirm the GS1 licensee name matches "Plantd Skincare" exactly before Amazon and distributor item setup.

Dating and shelf life. Threshold needs the greater of 75% of dating or 18 months left at delivery; UNFI and KeHE need 75%. A 24-month cream must reach Threshold within 6 months of being made. Confirm the expiry date and stability data, and produce to purchase orders.

Supplier documents before any retail pitch: bio-based origin for 1,2-hexanediol and propanediol, natural vanillin, plant-derived cetyl alcohol, and an IFRA certificate for each scent.

Entry review. FDA reviews imported cosmetics at entry and can refuse them for drug claims or labelling. Prior notice applies to food only, and ISF only to ocean freight, so neither applies to a truck shipment of cosmetics.

Coming rules. FDA's fragrance-allergen labelling rule and the cosmetic GMP rule are both behind their statutory dates and not yet final. Plantd already declares allergens, which puts it ahead.