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On May 1, 2022, China implemented the finalized Administrative Measures on Cosmetics Labeling (Measures). Cosmetics applying for registration and notification shall comply with the Measures. Recently, some enterprises were punished and fined for non-compliant Chinese labels. To help stakeholders circumvent the risk of non-compliance and adapt to new Measures, ChemLinked compiles some cases of Chinese labels failing technical review, or being punished during post-market surveillance.
1. Reasons for Failing Technical Review
Technical Review Opinions | Remarks |
1. Labeling of Product Name | |
The primary packaging of the product is not labeled with the Chinese name and durability. | For products with packaging boxes, the Chinese name and the durability of the products shall also be labeled on the primary packaging.
The durability should be labeled on the visible panel of the cosmetic sales package and introduced after guide language. There are two main labeling methods: 1. Production date and shelf life; 2. Production batch number and expiry date. In addition to these two methods, the primary packaging can also be labeled with the production batch number and the period after opening. |
"活肤 (revitalizing the skin)" in the Chinese name of the product needs to be modified. | Exaggerated expression |
Descriptions such as "Curve Solution" in the foreign name and "修型(slimming)" in the Chinese name are not within the scope of the permitted claims of general cosmetics. | Products that achieve slimming function by changing the circulation or structure of the human body are no longer cosmetics in China. |
The exfoliating efficacy of the product is mainly due to the 5% glycolic acid contained in the formula, so the "herbal exfoliating" in the product name will mislead consumers, which should be modified. | / |
"博士 (doctor)” and “加强版 (enhanced version)” in the Chinese name of the product need to be modified or deleted. | Prohibited expression |
The product name contains "white truffle". The registrant/notifier should provide proof that the white truffle in the product name and the Tuber aestivum in the formula are the same substance (species). If they are not the same substance, the product name needs to be modified. | If the name of a specific ingredient or any other vocabulary indicating the category of the ingredient is used in the product name, it shall be consistent with that in the product formula. |
"Carbon dioxide" in the product formula is used as a propellant, so the "carbonated” facial mask in the product name is inappropriate, and should be deleted. | / |
The explanation of "龙血 (dragon’s blood)" in the product name is unreasonable. | / |
No valid trademark registration certificate is provided. | If the trade name of the product uses letters, Chinese pinyin, numbers, symbols, etc., a trademark registration certificate shall be provided. |
2. Claims on the Label | |
The claims of “silicone oil-free”, “ethanol-free”, “mineral oil-free”, “UV absorber free”, and “parabens free”on the product packaging do not meet regulatory requirements. | These claims devalue other legal products. |
Please explain the meaning of the word "Oxygenation and Repairing" on the packaging. | If cosmetic labeling contains an innovative term that has not been widely used by the industry, which makes it difficult for consumers to understand, and the term is not prohibited from being labelled, its meaning shall be explained in the adjacent position. |
The claim of “40% Aloe” on the original packaging is not consistent with the actual concentration (38.74%) of Aloe Barbadensis leaf water in the formula. | / |
The efficacy claims of “help fade dark circles”, “excellent efficacy…, relieve eye fatigue and diminish dark circles”, and “improve puffiness under the eyes” on the leaflet is suspected of exaggerated and misleading claims. These claims also imply a curative efficacy, so the product with these claims does not belong to the cosmetic scope. | / |
The claim of "suitable for all skin types" is inappropriate and needs to be modified. | Applicable skin type should be clearly stated. |
The claim of "passed allergy test" in the precautions for use is inappropriate and should be deleted. | / |
On the Chinese label of the product not for sale, the claim "with natural moisturizing ingredients olive and licorice" is inappropriate. Please use the name of the specific ingredient contained in the formula. | / |
The claims of “low irritation”, “passed skin irritation test”, “skin health”, and “passed skin test" in the product label sample manuscript are inappropriate, which need to be deleted. | / |
The claims on the product label do not match the efficacy scope represented by the product classification code. | The efficacy claims on the product label cannot exceed the efficacy scope represented by the product classification code. |
3. Labeling of Ingredients | |
As the explanation on the product packaging states that bergamot essential oil refers to citrus aurantium bergamia fruit oil, please provide relevant scientific literature evidence that the two are the same substance. | / |
As "all ingredients made in Japan" is marked on the label, please provide proof of origin of all ingredients in the formula. | / |
4. Labeling of Application Method | |
The product's original packaging and Chinese label do not clarify the applicable part. | The applicable part of the product should be clarified in the application method. |
The description in the application method: “Take this product and apply it to the body parts needed” should be modified. | Unclear applicable part. |
The description in the application method: “Take an appropriate amount and apply to the waist, legs, and other body parts” should be modified. | |
The description in the application method: “Take an appropriate amount of moisturizing cream…” should be modified. | This product name is Rain and Fog Cream. The application method should quote the correct product name. |
The description in the application method: “With eye mask and instrument, be used after heating” should be modified. | The application method does not meet the definition of cosmetics. |
The description in the application method: “Apply to the lower abdomen and inner thighs” should be modified. | The applicable part does not meet the definition of cosmetics. |
The description in the application method: “Apply evenly to private parts” should be modified. | |
The description in the application method: “Apply to breast skin” should be modified. | The efficacy claim of this product is firming. Previously, products have firming efficacy and applied to the breast are managed as special cosmetics. Under the new regulations, such products are no longer cosmetics. |
The net content of the two doses of the product (6 bags and 6 tablets) is not equivalent to the one described in the application method (2 bags and 1 tablet). Please explain. | / |
5. Labeling of Patent | |
"Foreign Patent" shall not be labeled. | It is forbidden to mark "foreign patent", or patents unrelated to product ingredients and processes on the Chinese label. |
6. Labeling of Other Information | |
Cosmetics registrant and notifier are responsible for the quality and efficacy claims of cosmetics. The information of “presented by…”, “supervised by…”, “trademark authorized by…”, “the brand party”, and “co-presented by…” can easily make consumers confuse the product's main responsible party, and shall not be labeled. | Labeling information of enterprises in the form of “presented by…”, “supervised by…”, etc., other than registrant, notifier and production enterprise is not conducive to the division of the product's main responsibilities. |
The foreign language in the label has no corresponding Chinese. In addition, the font size of foreign letters on the label must not be larger than Chinese. | Except for registered trademarks, the font size of other languages on the same visible panel of the Chinese label shall be less than or equal to the corresponding standardized Chinese character. |
The product’s official account jumped to after scanning the QR code on the label claims that the product "promotes scalp health and reduces the risk of hair loss", which does not belong to the scope of permitted claims of general cosmetics. | This product is a general cosmetic product, but the claims in the official account are beyond the scope of permitted claims of general cosmetics.
If the company's website, QR code and other information are labeled, all the information that consumers can access by logging on to the website or scanning the QR code shall comply with Measures and Advertising Law, and shall not contain medical, false, exaggerated claims, or claims devaluing other legal products. |
The pattern on the original packaging is easy to mislead consumers. Please confirm whether the product is a children cosmetic product. If so, it must be registered/notified as children cosmetics. If not, please indicate the product target group on the Chinese label. | / |
There are no precautions on the Chinese label. | / |
The expiry date is not specified on the Chinese label. | / |
The original packaging is labeled with "6 months after opening", which should be indicated on the Chinese label in texts, not just in patterns. | / |
| Note: The above technical review opinions are for reference only. In case of any discrepancy, the interpretation of NMPA and provincial MPAs shall prevail. | |
2. Recent Penalty Cases for Label Non-compliance
Non-compliance Reasons | Non-compliance Details | Punishments | References |
1. Incomplete Labeling Content | |||
The actual production enterprise is not labeled. | The mask involves three business entities: entrusting enterprise A, subcontracting enterprise B, and actual production enterprise C.
However, the outer packaging of this batch of masks only labeled: "Technical support: A; Production Enterprise: B", without labeling the name and address of the actual production enterprise C, which is suspected of producing cosmetics with non-compliant labels. | The company was confiscated 10,800 packs of facial masks and fined 60,000 yuan. | |
The production license number is not labeled. | / | The company was confiscated 3,620 bottles of sunscreen lotions. | Guangzhou Administration for Market Regulation |
The registrant, notifier, and entrusted production enterprise are not labeled. | / | The company was fined 20,000 yuan and confiscated the illegal product. | Shanghai Municipal Administration for Market Regulation |
The required labeling contents are missing on the cosmetic samples sold. | The labels of the samples lack the full ingredient list, production batch number, or notification number of imported cosmetics, which violates paragraph 1 of Article 35 of Cosmetics Supervision and Administration Regulation (CSAR), “The minimum sales unit of cosmetics shall be labeled, which shall comply with relevant laws, administrative regulations and mandatory national standards. The content therein shall be authentic, complete and correct.”
Even if cosmetics are provided to consumers in the form of the free trial, gift, exchange, etc., the form and content of the label shall comply with the Measures. | The company was fined and confiscated 887,000 yuan. | |
| / | The company was fined and confiscated 64,000 yuan, the inventory of illegal products was seized, and the operation of illegal products shall be immediately stopped. | |
2. Labeling of Ingredients | |||
The ingredients marked on the product label are inconsistent with the formula filled in during product registration. | "Phenylethyl resorcinol" and "silica" marked on the label are not in the formula. The words “377VC” is marked on the label. These labeling are false information, whose purpose is to mislead consumers and increase sales. | The company was fined and confiscated 81,880 yuan. The production and operation of illegal products shall be immediately stopped. | |
Hair dyeing agents not marked on the registration certificate and label are detected in hair dye products. | / | The company was fined and confiscated 153,251 yuan. | |
3. Labeling of Prohibited Information | |||
| / | The company was fined 120,000 yuan and confiscated illegal products. | Guangzhou Administration for Market Regulation |
Labeling false content: "Cooperation with South China University of Technology"
| The company labeled "Cooperation with South China University of Technology" on the outer packaging, but could not provide the relevant agreement signed with the University. This behavior belongs to the production of cosmetics with false content on the label.
If the name of a university or research institution is labeled on the product, the company must be able to provide evidence that it has obtained the relevant authorization. | The company was fined 540,639 yuan, and was confiscated 5,280 yuan and 11,583 boxes of facial masks. | Guangzhou Administration for Market Regulation |
Label prohibited contents such as “repair scar” | The outer packaging of the products is labeled with medical-related terms: "reducing aseptic inflammation, repairing scars, relieving itching and swelling, dredging meridians, expelling cold and dampness, decreasing internal heat and disinfecting", which belong to the prohibited contents stipulated by CSAR. | The company was fined and confiscated 24,172 yuan. | Beijing Municipal Administration for Market Regulation |
4. Labeling of Trademark | |||
Infringement of the exclusive right to use a registered trademark. | The hair dye bears the trademark “LIGGUI”. Compared with the registered trademark “LIGUI”, a letter “G” was added to this trademark, and its pronunciation was similar to “LIGUI”.
The behavior was identified as an infringement of the exclusive right to use a registered trademark. | The company was fined 76,000 yuan. The inventory of illegal products was confiscated and destroyed. The trademark infringement shall be immediately stopped. | |
Note: This table will be continuously updated. ChemLinked welcome any related regulatory information sources. Please contact us at [email protected]. | |||
ChemLinked can assist companies in preparing compliant cosmetic labels. If you have any further cosmetic compliance consultation, please feel free to contact us at [email protected].
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