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4 Steps to Interpret the New Chinese Cosmetic Regulation

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Since June 2020, Chinese beauty market has been facing the strictest supervision. As the world’s most populous cosmetics market, Chinese market is always the battleground for various cosmetics brands around the world. In view of the new regulatory requirements issued by Chinese authorities and how to deal with the current situation for cosmetics export companies, we will interpret from the following aspects.

Classification of Cosmetics

As indicated under the new Regulations, cosmetics are divided into special cosmetics and ordinary cosmetics. Cosmetics used for hair dyeing, perm, whitening, sun blocking, anti-hair loss and claiming new efficacy are special cosmetics. Cosmetics other than special cosmetics are ordinary ones.

Relevant Materials Required before Exporting to the Chinese Market

The Chinese government has a registration system for special cosmetics and a filing management for ordinary ones. No matter special or ordinary cosmetics, they need to be registered or put on records with the pharmaceutical supervisory and administrative department under the State Council before entering the Chinese market. So the following data should be provided:

1. The name, address and contact information of registration applicants and filing people

2. The name, address and contact information of manufacturers

3. Product names

4. Formula of products or all the ingredients

5. Product implementation standards

6. Product label copy

7. Product inspection report

8. Product safety assessment data

At the same time, documents certifying that the products have been marketed and sold in the producing country (region) should be handed in. Meanwhile, certification material shall be submitted that manufacturing enterprises complies with the cosmetics production management standards. In the case that products are exported to China, if documents certifying that the products have been marketed and sold in the producing country (region) cannot be submitted, relevant research and test materials conducted for Chinese consumers shall be submitted. The organization that applies for the registration of special cosmetics for the first time or the initial filing of ordinary cosmetics shall also meet the following requirements and relevant certificates.

1. Enterprises or other organization established according to law.

2. A quality management system fit with the products being registered or put on record.

3. The ability to monitor and evaluate adverse reactions of cosmetics.

Changes of Supervision on Toothpaste Market

The regulation for ordinary cosmetics applies to the management of toothpaste as well. The general cleaning toothpastes that claim to have the function of anti-caries, anti-plaque, anti-dentin sensitivity and alleviating gingival problems shall be practiced through filing management in accordance with ordinary cosmetics. After verifying the effect on human body on the basis of efficacy evaluation standards, relevant evaluation data shall be made public and subject to social supervision. The Chinese Drug Regulatory department is working out relevant supporting documents to make toothpaste market legal and safe.

Words Related to Medical Effects in Cosmetics Advertisements Are Forbidden

For a long time, cosmetics advertisements deceiving, misleading consumers, and harmful to consumer safety are common. To remedy the issue, the new Regulation stresses that Cosmetic advertisements shall be true and legal, and shall not indicate or imply that the products have medical functions. So cosmetics applicants or filing people shall publish efficacy on the special website stipulated by pharmaceutical supervisory and administrative department under The State Council and accept social supervision. Such new regulations will ensure that Chinese consumers can have access to assuring products, meanwhile, products exported to Chinese will be better quality to stay competitive in Chinese cosmetics markets.  

A Real-name Registration System Run on the E-commerce Platform

Online shopping has become the trend of The Times, especially in the Chinese market. So far it is the largest source of purchasing cosmetics products for Chinese consumers. However, violation of laws and regulations emerges in an endless stream on the platform. Therefore, the new Regulation clearly stipulates that e-commerce platform operators shall run a real-name registration system to confirm the normal operation. If serious illegal acts are found, the platform will stop providing services for the illegal sellers immediately. At the same time, in order to avoid the blind spots of supervision caused by the hidden online trading mode, the new Regulation specifies the responsible party for the quality and safety of cosmetics, and defines the liability subject from the aspects of production, operation and sales.

The Regulation will take effect on January 1, 2021. A series of regulatory measures, no matter for Chinese local cosmetics manufacturers, suppliers or cosmetics from other countries to enter China, are both challenges and opportunities, making the cosmetics industry more standardized and rational.

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