● In a certain store’s buyer show, many netizens showed photos of children applying lipstick, eye shadow, etc. In some photos, the protagonists looked like four- or five-year-old preschoolers, and the child’s immature face looked too rosy due to blush. , the eyes looked a little swollen due to the pink eye shadow, and the small mouth was painted with bright red lipstick
● Search results for "children's makeup" and "children's cosmetics" show that some cosmetics sold to and used by children are actually adult cosmetics and are "fake" children's cosmetics.
Near some schools, students can buy sequined eye shadows and lipsticks for only a dozen yuan at canteens, and lipsticks and other products for tens of yuan. None of these products have the children's cosmetics logo.
● According to the provisions of the Minors Protection Law and the "Regulations on the Supervision and Administration of Children's Cosmetics", children's cosmetics need to be marked with "precautions" and "special signs", otherwise they shall not be sold.
Merchants selling non-children's cosmetics to children obviously cannot indicate the "children's cosmetics mark", so it is illegal.
● In the sales process, it is necessary to strengthen the review of the sales and business qualifications of e-commerce platforms and retail merchants. Those who do not have cosmetics business qualifications but use children's toy packaging to sell children's cosmetics should be deemed to be "out of business scope" and punished; Cosmetics that pass off as children's cosmetics will be punished in accordance with the provisions of the Consumer Rights Protection Law.
"Why are children's eye shadows sold in toy stores? Cosmetics have become 'toys' that children can buy and use at will?" This is the question that Li Qing (pseudonym), a resident of Chaoyang District, Beijing, wondered during this year's New Year.
A recent investigation by reporters found that many children are using children's cosmetics, but some children's cosmetics are sold in toy stores and even appear in canteens around schools. Some of the cosmetics claimed to be for children do not have children's cosmetics logos and do not write " Clearly, remind minors to use it under adult supervision.
In fact, in order to regulate the production and operation of children's cosmetics, the State Food and Drug Administration organized and issued the "Regulations on the Supervision and Administration of Children's Cosmetics".
"Rule of Law Daily" reporters conducted an investigation.
Toy store selling children's makeup
No children's cosmetics logo
When Li Qing returned to her hometown for the Chinese New Year this year, she brought some cosmetics such as facial masks, lipstick, eye shadow, and liquid foundation for her own use. However, her 11-year-old sister saw her and started clamoring about "wanting to put on makeup" every day.
After careful questioning, I learned that many girls in my sister's fifth-grade elementary school class had worn makeup, at least had beautiful artistic photos taken, and some even brought light pink lip balm to school.
"My younger sister is envious of her classmate's sophistication and wants me to teach her how to put on light makeup," Li Qing said.
Considering that his sister was too young and had delicate skin, Li Qing was worried that her stealing his own cosmetics would cause skin allergies, so he decided to buy children's cosmetics for his sister.
However, when Li Qing entered "children's cosmetics", "children's eye shadow" and "children's lipstick" in the search box of the shopping platform, he found that many children's cosmetics sellers were toy stores.
After hesitating, Li Qing still placed an order for his sister to buy some children's cosmetics that seemed to be of good quality. However, when he received the goods, he found that some of the glitter eye shadows did not have the children's cosmetics logo.
Zong Jing (pseudonym), a citizen of Jinan, Shandong Province, also bought some children's cosmetics for her little daughter in kindergarten at the toy store on the shopping platform.
Zong Jing told reporters that her daughter especially likes to apply eye shadow, lipstick and other makeup on her face.
The little girl was not very smooth in speaking. When asked by reporters why she likes to put on makeup, she smiled and nodded timidly and said, "I do. Putting on put on makes me happy."
Zong Jing admitted that she did not know the ingredients of the children's cosmetics she purchased. She only saw that the stores claimed that they were cosmetics that could be used by children. "But these stores do not specialize in children's cosmetics."
When the reporter opened the shopping link for children's cosmetics given by Zong Jing, he found that it was a toy store with the name of the link marked "Toys for girls aged 3 to 6 years old."
The reporter's investigation found that on the e-commerce platform, there are indeed many high-selling children's cosmetics sets sold in toy stores, such as "XX Baby High-end Toys", the toy type is "Play House", and the product name is "Children's Cosmetics" Toy set ××”.
In a store's buyer show, many netizens showed photos of children applying lipstick, eye shadow, etc. The protagonists in some photos looked like four or five-year-old preschoolers, and the child's immature face looked too rosy due to blush. Her eyes looked a little swollen due to pink eyeshadow, and her small mouth was painted with bright red lipstick.
The cosmetics sold in this store do not remind children to use them under adult supervision.
In the comment area, some netizens asked "Is there a small golden shield (a symbol for children's cosmetics)?" Some buyers replied "no", and more buyers responded by asking "what is a small golden shield", and some buyers said they use There were some side effects afterward. “The child felt a little itchy after applying eye shadow or blush.”
According to the "Regulations on the Supervision and Administration of Children's Cosmetics" that will be implemented on January 1, 2022, children's cosmetics refer to cosmetics suitable for children under the age of 12 (including 12 years old) that have the functions of cleaning, moisturizing, toning, and sun protection.
Products that label with words such as "suitable for use by the whole population and the whole family" or use trademarks, patterns, homophonics, letters, Chinese pinyin, numbers, symbols, packaging forms, etc. to imply that the user population includes children, shall be managed as children's cosmetics.
At the same time, my country encourages cosmetics operators to display children's cosmetics in separate areas and publicize children's cosmetics logos in sales areas.
For children's cosmetics operators on e-commerce platforms and e-commerce operators who operate children's cosmetics through self-built websites and other network services, they should fully, truly and accurately disclose cosmetics labels and other information that are consistent with the cosmetics registration or filing materials, and The children's cosmetics logo shall be continuously displayed in a prominent position on the product display page.
The children's cosmetics mark "Little Golden Shield" is issued by the State Food and Drug Administration. Starting from May 1, 2022, children's cosmetics applying for registration or filing must be marked with the children's cosmetics mark.
In other words, the "Little Golden Shield" is a distinctive mark that distinguishes children's cosmetics from other easily confused products such as adult cosmetics, disinfection products, toys, etc. Non-children's cosmetics are not allowed to bear this mark.
According to Yao Jinju, professor at Beijing Foreign Studies University School of Law and director of the China-Foreign Education Law Research Center, whether children's cosmetics are sold in physical stores or on e-commerce platforms, the "Little Golden Shield" logo must be marked and publicized. Children's cosmetics that indicate and publicize "Little Golden Shield" on the display surface/page are suspected of being illegal.
Adult cosmetics sold to children
It is easy to buy around the school
During the investigation, the reporter found that the search results for "children's cosmetics" and "children's cosmetics" showed that some cosmetics sold to and used by children are actually adult cosmetics and are "fake" children's cosmetics.
For example, a store on a certain platform sells a "children's day special cosmetics set", which includes foundation cream, liquid foundation, blush, setting powder, lipstick, 30-color eye shadow palette, eyeliner, mascara and other products.
This product claims to be "just one set! Suitable for multiple scenarios. After authoritative testing, you can buy it with confidence. Plant-based makeup makes mothers feel more at ease."
The reporter asked the seller: "Is this children's cosmetics?" The customer service replied: "The main products such as isolation cream, liquid foundation, blush, makeup remover, facial cream, lipstick, and setting powder have the 'Little Golden Shield' logo, and the others are temporarily I haven’t applied yet. The product is safe and gentle, so you can buy it with confidence.”
Since there was no mention of eye shadow, eyeliner, mascara and other products, the reporter asked customer service to confirm whether these products were children's cosmetics. The customer service said that "there is no 'Little Golden Shield' logo for the time being", but "children can use it, it is very gentle and easy to use." , customer feedback is good.”
A big-name online skin care and beauty store sells a "children's stage makeup and performance makeup kit, eye shadow, blush, and powder all in one non-toxic makeup."
The reporter asked the customer service: "Is this a children's cosmetic?" The customer service replied: "It is not a children's cosmetic. There is no 'Little Golden Shield' logo." The reporter asked whether the children's dance class performances can be used?
Customer service said: "It can be used, the makeup will not be light in color, and the effect is very good."
The reporter saw that more than 200 people purchased this cosmetic within a week, and more than 900 people made additional purchases.
There are more than 290 comments in the comment area, and most of them are positive: "I bought it for my children to use in performances. It is very complete." "It has a complete set of makeup tools, including eye shadow, foundation, blush, loose powder, makeup brushes, and puffs." My girl likes it so much."
The reporter also visited many large supermarkets and skin care and cosmetics stores in Chaoyang District and Xicheng District of Beijing and found that most merchants did not distinguish between children's makeup and adult makeup.
At an adult cosmetics chain store, the reporter said that he wanted to buy children's cosmetics for his cousin who is in elementary school. The clerk said that there was no special children's cosmetics, but "he could help with a set."
The reporter asked if there were any side effects, and the store clerk said, "Choose the ones that can be used on sensitive skin and are milder. Many children buy our makeup for performances, and there is no difference in use."
The reporter purchased a 20-yuan colored eyeshadow called "Children's Performance Glitter Eye Makeup" in a convenience store. He repeatedly asked the merchant whether the product was specifically for children's makeup use, and the other party said "yes."
After paying, the reporter unpacked the product and found that the product did not belong to children's cosmetics and did not even have a production license number. The manufacturer's business scope did not include children's cosmetics.
The reporter also found that there are businesses selling cosmetics near primary and secondary schools in some areas, and the businesses sell adult cosmetics to children.
In a canteen near a primary school in Shandong, students can buy eye shadow with sequins for only a dozen yuan, and lipstick and other products for a few dozen yuan. None of these products have children's cosmetics logos. The merchant said the sales volume It’s good. “The light-colored lipstick sells well, and there are also colored lip balms, so the teacher won’t notice if you put them on in class.”
On a certain short video platform, a blogger conducted an "evaluation of cosmetics at the stationery store in front of the elementary school."
The blogger bought Xiaohua liquid foundation, makeup contouring pens, and cosmetics buckets (eyebrow pencils, eyeliners, eye shadows, blushes, etc.) at the entrance of a primary school. After trying Xiaohua liquid foundation, she sighed, "Oh my god, it's so light." For those with creamy skin, this is so silky and can cover even acne marks, etc., and this one is only 19.9 yuan.” “Peach eyeshadow palette, earthy eyeshadow palette, two-color blush, and two eyebrow pencils and The eyeliner actually has a brush.”
Can non-children's cosmetics lipsticks and eye shadows be sold around the school?
In Yao Jinju’s view, businesses are not allowed to sell non-children’s cosmetics to children.
According to the provisions of the Minors Protection Law and the "Regulations on the Supervision and Administration of Children's Cosmetics", children's cosmetics need to be marked with "precautions" and "special signs", otherwise they shall not be sold.
Merchants selling non-children's cosmetics to children obviously cannot indicate the "children's cosmetics mark", which is illegal.
Zhang Bufeng, a professor at the Law School of Minzu University of China, believes that if such products are children's toys, that is, "lipstick toys" and "blush toys" and other products produced in accordance with toy standards, they are not managed as cosmetics, and the relevant departments should follow the relevant provisions of the Product Quality Law. stipulates and tests the content of relevant elements in toy materials in accordance with relevant standards.
At the same time, it is necessary to find out whether the operator has the qualifications to operate cosmetics. If he does not obtain the qualifications to sell cosmetics, he is engaged in business activities in violation of regulations.
"Operators should, in accordance with the provisions of the Law on the Protection of Minors, clearly mark the precautions on toys that may endanger the physical and mental health of minors. If they are not marked, they shall not be sold. Sales in violation of the regulations infringe upon the legitimate rights and interests of minors. Those who cause personal, property or other damage shall bear corresponding responsibilities in accordance with the law." Zhang Bufeng said.
Regulatory regulations should be fully implemented
Safe areas around the school
In response to the chaotic sales of children's cosmetics, the interviewed experts gave suggestions for management.
"Children include kindergarten children and primary school students. Merchants will take advantage of children's unique psychology and integrate elements such as popular cartoons, online games, and fashionable toys into cosmetic packaging to arouse children's curiosity about cosmetics, and children groups will also influence each other," Yao Jinju said. , supervision of the sales of children's cosmetics should be strengthened.
"my country has very strict supervision of children's cosmetics, and has specially issued the "Regulations on the Supervision and Administration of Children's Cosmetics" in order to supervise the entire process of children's cosmetics from production to sales and ensure the safety of children's use of cosmetics," Zhang Bufeng said.
Zhang Bufeng explained that in the production process, the formula design and raw materials used for children's cosmetics must be strictly controlled in accordance with the "Guidelines for Application and Review of Children's Cosmetics" and "Cosmetics Production Quality Management Practices" to ensure that they meet scientific and necessary production requirements. .
In the packaging process, the responsible entities are urged to strictly implement the signs of my country's "Regulations on the Supervision and Administration of Children's Cosmetics" that clearly indicate the guidance words such as "Little Golden Shield", "Caution" or "Warning", and the words "food grade" and "edible" are not allowed to be marked. Or legal requirements such as food-related patterns.
Zhang Bufeng believes that in the sales process, it is necessary to strengthen the review of the sales and business qualifications of e-commerce platforms and retail merchants. Those who do not have cosmetics business qualifications but use children's toy packaging to sell children's cosmetics should be deemed as "exceeding the scope of business" and punished; if Those who pass off ordinary cosmetics as children's cosmetics will be punished in accordance with the provisions of the Consumer Rights Protection Act.
Sellers should also be encouraged to have business qualifications and actively fulfill the legal responsibilities stipulated in the "Regulations on the Supervision and Administration of Children's Cosmetics" to establish and implement a purchase inspection record system and display children's cosmetics in separate areas.
“In the supervision process, the departments responsible for drug supervision and management need to follow the principles of risk management, combine local realities, and according to the sales status of different merchants, include cosmetic operators with relatively concentrated sales behavior as key supervision objects, increase the frequency of supervision and inspection, and increase the frequency of supervision and inspection to Ensure the safety of children’s cosmetics,” Zhang Bufeng said.
Experts interviewed believe that the "Regulations on the Supervision and Administration of Children's Cosmetics" should be fully implemented at present. Relevant authorities need to strengthen supervision and inspections and the frequency of supervision and random inspections, promptly file cases and investigate and deal with illegal sales of children's cosmetics; open channels for complaints and protect consumer rights and interests. , we must attach great importance to the complaints and reports that occur when parents purchase and use children's cosmetics and deal with them in a timely manner.
In Yao Jinju's view, in view of the phenomenon of selling non-children's cosmetics around schools, businesses should be legally obliged to pay attention or warn against non-children's cosmetics.
At the same time, from the perspective of market supervision, supervision can be carried out relying on the "student safety zone system".
For example, the "Beijing Primary and Secondary School Kindergarten Safety Management Regulations (Trial)" stipulates that within 200 meters of the school, relevant departments shall focus on improving the order of the environment around the school according to their responsibilities, and strengthen the supervision of business service places, business service activities and public security around the school. Conditions and traffic order improvement.
"In addition to strengthening supervision, citizens should also be encouraged to report the illegal sale of non-children's cosmetics or children's cosmetics of substandard quality around schools," Yao Jinju said.
What should parents pay attention to when choosing cosmetics for children?
Zhang Bufeng believes that you should not blindly buy products marked with "food grade" or "edible" labels. Such labels are expressly prohibited in the "Regulations on the Supervision and Administration of Children's Cosmetics".
If consumers cannot identify whether the cosmetics are children's cosmetics, they should take the initiative to ask the operator and check product registration or filing information through the "Cosmetics Supervision" App. Do not use beauty toys as children's cosmetics.
Zhang Bufeng reminded that appropriate cosmetics should be chosen for children of different ages.
According to the "Cosmetic Classification Rules and Classification Catalog" issued by the State Food and Drug Administration, the efficacy claims of cosmetics used by infants and young children aged 0 to 3 years old do not include "makeup" categories such as beauty modification and makeup removal.
For this reason, parents should not buy "cosmetics" for infants and young children under 3 years old.
If the label of cosmetics declares that it can be used by infants and young children under 3 years old, it is illegal.
Yao Jinju said that "Little Golden Shield" is not a product quality certification mark. The label "Little Golden Shield" on cosmetic packaging only indicates that this product is a children's cosmetic. Its purpose is to "improve the recognition of children's cosmetics and protect consumers' right to know." It does not mean that the product is a children's cosmetic. The quality and safety of this product has been certified.
Therefore, in addition to paying attention to the "Little Golden Shield", parents also need to carefully check the operator's business license, national compulsory product certification certificate and other documents when purchasing, and choose a regular merchant with complete licenses for transactions.
At the same time, as a consumer, you should pay attention to business information, product reputation, evidence retention and other matters.
Our trainee reporter Ding Yi
Our reporter Wen Lijuan