Health & Beauty

The State Administration for Market Regulation released on the 6th the "Measures for the Supervision and Administration of the Production and Operation of Cosmetics" (hereinafter referred to as the "Measures"), stipulating that the names, ingredients, efficacy and other labels of cosmetics should be true and legal, and must not contain express or implied medical treatment. And content that violates laws and regulations such as false or misleading, contrary to social public order and good customs. The "Measures" will be implemented on January 1, 2022.

The "Measures" require that cosmetics registrants, recorders, and entrusted manufacturing enterprises should organize the production of cosmetics in accordance with the requirements of cosmetics production quality management regulations, establish a cosmetics production quality management system and ensure continuous and effective operation. The production workshop and other places shall not store and produce products that have an adverse effect on the quality of cosmetics. Persons directly engaged in cosmetics production activities shall undergo annual health examinations. Persons suffering from diseases that hinder the quality and safety of cosmetics as stipulated by the administrative department of health under the State Council shall not directly engage in cosmetics production activities. The cosmetics registrant and recorder shall keep samples and record of the cosmetics that leave the factory in accordance with the regulations. The reserved samples shall be kept in the original sales packaging and the quantity shall meet the requirements of product quality inspection. The retention period of the retained samples shall not be less than 6 months after the expiration of the product service period.

The "Measures" stipulate that the smallest sales unit of cosmetics should have Chinese labels. The label content should be consistent with the product label sample draft in the cosmetics registration or filing materials.

The labeling of cosmetics’ names, ingredients, efficacy, etc. should be true and legal, and must not contain explicit or implied medical effects, false or misunderstanding, violations of social public order and good customs, and other content that violates laws and regulations. Where a trademark is used for the name of cosmetics, it shall also comply with the relevant national laws and regulations on trademark management.

The “Measures” also require that cosmetic registrants, record holders, and entrusted manufacturing enterprises should take measures to avoid confusion between product properties, appearance, and other products, such as food and drugs, and to prevent accidental ingestion and misuse. In the production and sale of toys and utensils for minors, precautions shall be indicated in accordance with the law, and measures shall be taken to prevent the products from being misused as children’s cosmetics. Ordinary cosmetics may not claim the effects of special cosmetics.

In terms of cosmetics business, the "Measures" stipulate that cosmetics e-commerce platform operators shall register the cosmetics operators on the platform that they are applying for in real-name registration. If an operator of a cosmetics e-commerce platform knows or should know that the cosmetics operator on the platform is prohibited from engaging in cosmetics production and business activities in accordance with the law, he shall not provide e-commerce platform services to him.

The "Measures" propose that when fines are imposed on serious cosmetics production and operation violations, they should be severely and severely imposed in accordance with the law. Including the use of raw materials prohibited for cosmetics production, new raw materials that should be registered but not registered to produce children's cosmetics, or the illegal addition of substances that may harm human health in children's cosmetics; deliberately providing false information or concealing the truth; rejecting or evading Supervision and inspection; within 1 year after receiving administrative penalties for cosmetic violations, committing violations of the same nature, or committing violations of cosmetics quality and safety after criminal penalties for violations of cosmetics quality and safety laws and regulations; other serious circumstances.