Key Analysis of "Cosmetics Label Management Measures"

Release time:

2021-06-18 17:56

The Measures for the Administration of Cosmetic Labels (hereinafter referred to as the Measures) were officially released on June 3, 2021. Please see the original text at the end of the article.

1. The transition period

The Measures pointed out that from May 1, 2022, cosmetics that apply for registration or filing must comply with the provisions and requirements of the Measures; cosmetics that have previously applied for registration or filing have not been labeled in accordance with the provisions of these Measures If the label is identified, the cosmetic registrant and the filing person must complete the update of the product label before May 1, 2023 to make it comply with the provisions and requirements of the Measures.

2. Contents ≤ 0.1% shall be identified as trace components

Article 12 of the Measures

The cosmetic label shall be marked with the standard Chinese name of the raw materials of all the ingredients of the cosmetic on the visible surface of the sales package, with "ingredient" as the leading word, and shall be listed in descending order of the content of each ingredient in the product formula. Where there is an ingredient in a cosmetic formulation that does not exceed 0.1%(w/w), all ingredients that do not exceed 0.1%(w/w) shall be separately labeled with "other minor ingredients" as a guide and may not be listed in descending order of ingredient content.

If the formula is filled in in the form of compound or mixed raw materials, the content of each component in the formula shall be used as the basis for the ranking of the component content and the determination of whether it is a trace component.

3. New way of labeling product life

In addition to the two regular methods of "production date and shelf life" and "production batch number and expiration date", a new method of marking "production batch number and expiration date after opening" can be added.

The "Measures" stipulate that only products with outer packaging boxes can use this labeling method on packaging containers that directly contact the contents, but the outer packaging boxes can only choose to label "production date and shelf life" or "production batch number and deadline date of use"

4. Not for sale and Chinese label requirements

Article 22 of the Measures stipulates:

These Measures shall apply to the labels of cosmetics provided to consumers in the form of free trial, gift, exchange, etc. That is, after the implementation of the new regulations, the labeling requirements for free trial, gift and exchange of cosmetics are equivalent to the labeling requirements for products sold, without any exemption conditions.

The "Measures" further proposes that cosmetics should have Chinese labels, which include at least ten items such as the Chinese name of the product, the name and address of the registrant/filer, the full composition, the net content, and the service life. For products with packaging boxes, the Chinese name and service life of the product should also be marked on the packaging container that is in direct contact with the contents. This has a greater impact on imported cosmetics.

5. Provisions on the Use of Trademark Names

Article 8 of the Measures stipulates the requirements for trademark names, common names and attribute names. For example, it is not allowed to claim a medical effect or an effect that the product does not have in the form of a brand name. Use terms that imply the inclusion of certain types of raw materials as trade names. Enterprises should do a good job in product name compliance according to the requirements.

The original text reads as follows:

Announcement of the State Food and Drug Administration on Issuing and Implementing the Measures for the Administration of Cosmetic Labels (No. 77 of 2021)

In order to strengthen the supervision and management of cosmetic labels, regulate the use of cosmetic labels, and protect the legitimate rights and interests of consumers, in accordance with the Regulations on the Supervision and Administration of Cosmetics, the State Food and Drug Administration has organized the drafting of the Measures for the Administration of Cosmetic Labels (hereinafter referred to as the Measures), which are hereby promulgated. The relevant matters concerning the implementation of the Measures are hereby announced as follows:

Cosmetics registrants and filers are encouraged to label cosmetics in accordance with the provisions of the Measures from the date of this announcement. Starting from May 1, 2022, cosmetics that apply for registration or filing must comply with the provisions and requirements of the Measures; cosmetics that have previously applied for registration or filing have not been labeled in accordance with the provisions of these Measures, cosmetics registrants and filers must complete the update of product labels before May 1, 2023 to make them comply with the provisions and requirements of the Measures.

It is hereby announced.

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