China News Service, June 29. The State Council promulgated the Regulations on Cosmetics Supervision and Administration on the 29th, effective January 1, 2021. The "Regulations" make it clear that the following content is prohibited in cosmetics labels: content that explicitly or implicitly has a medical effect; content that is false or misleading; content that violates social order and good customs; and other content that is prohibited by laws and administrative regulations.
The "Regulations" contains six aspects including general principles, raw materials and products, production and operation, supervision and management, legal responsibility, and supplementary provisions.
The "Regulations" make clear that cosmetics refer to daily chemical industrial products that are applied to human surfaces such as skin, hair, nails, lips, and the like by scrubbing, spraying, or other similar methods, for the purpose of cleaning, protection, beautification, and modification. The state implements classified management of cosmetics and cosmetic raw materials according to the degree of risk. Cosmetics are divided into special cosmetics and ordinary cosmetics. The state implements registration management for special cosmetics and filing management for ordinary cosmetics. Cosmetic raw materials are divided into new raw materials and used raw materials. The state implements registration management for new cosmetic raw materials with a high degree of risk, and records management for other cosmetic raw materials.
"Regulations" pointed out that the state encourages and supports the development of cosmetics research and innovation to meet consumer demand, promote the brand building of cosmetics, and play a leading role in the brand. The legal rights and interests of national protection units and individuals to carry out cosmetic research and innovation. The state encourages and supports cosmetics producers and operators to adopt advanced technology and advanced management standards to improve the quality and safety of cosmetics; encourage and support the use of modern science and technology, combined with my country's traditional superior projects and special plant resources to research and develop cosmetics.
The "Regulations" clarify that cosmetics used for hair coloring, perming, freckle and whitening, sun protection, anti-hair loss, and cosmetics that claim new effects are special cosmetics. Cosmetics other than special cosmetics are ordinary cosmetics. Special cosmetics can only be produced and imported after being registered by the drug regulatory authority under the State Council. Domestic general cosmetics should be filed with the drug regulatory department of the people's government of the province, autonomous region, or municipality directly under the Central Government before the listing and sales. Imported general cosmetics should be filed with the drug regulatory department of the State Council before import.
The "Regulations" requires that the cosmetics label should be marked with the following contents: product name, special cosmetics registration certificate number; name and address of registrant, filing person, and trusted manufacturing enterprise; cosmetics production license number; product implementation standard number; full ingredients; Net content; period of use, method of use and necessary safety warnings; other content that should be marked in accordance with laws, administrative regulations and mandatory national standards. Cosmetics labels are prohibited from labeling the following content: content that explicitly or implicitly has a medical effect; content that is false or misleading; content that violates social public order and good customs; and other content that is prohibited by laws and administrative regulations.
The "Regulations" requires that operators of e-commerce platforms should register real-name cosmetics operators on the platform and assume the management responsibility of cosmetics operators on the platform. If any cosmetics operator on the platform violates the provisions of these regulations, it should be stopped and reported electronically in a timely manner. The drug regulatory department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the business platform operator is located; if serious violations are found, they shall immediately stop providing e-commerce platform services to the illegal cosmetics operators. The cosmetics operators on the platform shall fully, truthfully, accurately and timely disclose the information of the cosmetics they operate. Beauty salons, hotels, etc. that use cosmetics or provide cosmetics to consumers shall perform the obligations of cosmetics operators as prescribed in these Regulations. The content of cosmetics advertisements should be true and legal. Cosmetic ads must not express or imply that the product has a medical effect, must not contain false or misleading content, and must not deceive or mislead consumers.
The Regulations also point out that toothpaste is managed in accordance with the provisions of this Regulation on general cosmetics. After evaluating the efficacy of toothpaste filers in accordance with national standards and industry standards, they can claim that toothpaste has the effects of preventing caries, inhibiting plaque, resisting dentin sensitivity, and reducing gum problems. The specific management measures for toothpaste are formulated by the drug regulatory department of the State Council and reported to the market regulatory department of the State Council for review and release. This regulation does not apply to soap, but it is declared to have special cosmetic effects. The cosmetics registered for hair growth, hair removal, beauty milk, bodybuilding, and deodorization that have been registered before the implementation of this Regulation shall be set for a transition period of 5 years from the date of implementation of these Regulations. Production, import, and sales may continue during the transition period. The cosmetics shall not be produced, imported or sold after full time.
The Regulations will come into effect on January 1, 2021. The Regulations on Cosmetics Hygiene Supervision shall be repealed at the same time.