Cosmetic Labeling Requirements in China: Cross Regulatory Compliance

Based on the latest figures from National Bureau of Statistics, cosmetics sales in China maintains an average annual growth rate of 16% - 20% (17% last year, detailed in the table below), only after America, Europe and Japan, and have leaped to the world's fourth-largest cosmetics market. Imported cosmetic products, as many other countries/regions regulated, will need a Chinese label before entering Chinese territory. However, it is a little bit complex here because two authorities established their own system of label control--AQSIQ (Administration of Quality Supervision, Inspection and Quarantine) and CFDA (China Food & Drug Administration) are both playing key roles in cosmetic label management. The purpose of this article is to combine together the cosmetic label requirements from the two ministries in China and offer some practical advices to the oversea stakeholders. (The label requirement for ingredients used in cosmetic products, which considered as industrial chemicals, should follow China GHS standards.)

Figure. Retail Value of Cosmetics by Wholesale and Retail Enterprises above Designated Size*

*Designated size: with annual sales >=5 million RMB

Why should Overseas Company Pay Attention to the Cosmetic Label?

Any overseas company interested in gaining profit from the huge and booming China cosmetic market should prepare a label comply with China's legislation before entering the country. The reason of doing so is that both the Custom clearance and the application for a cosmetic certificate for imported cosmetic products will need a Chinese label. Although in some occasions, printed labels could attach to the goods in the Custom's warehouse, label samples should be designed and provide to the authorities for inspection first.

Basic Regulatory Knowledge

To start with, the definition of cosmetics is slightly different as regulated by AQSIQ and CFDA. The AQSIQ version covers all the cosmetic products used on the surface of human body while CFDA version excludes those used upon teeth (e.g. toothpaste). But due to the fact that China custom treats these controversial products as cosmetics, it will be wise to prepare Chinese label for oral products like toothpaste. Secondly, AQSIQ and CFDA published several standards/guidance/rules separately, some of them share the similar content and some could be seen as supplement to each other.

AQSIQ	CFDA
Metrological supervision and measures for quantitative packing commodities (Order 75, 2005)	Rules and guidance of naming cosmetics (Document 72, 2010)
Rules of cosmetic label management (Order 100, 2007)	Rules on the cosmetic label management (draft, 1st version, 2010)
Instruction for use of consumer products --- General labelling for cosmetics (GB 5296.3-2008)	Rules on the cosmetic label management (draft, 2nd version, 2011)
Cancellation of CIQ label on imported cosmetics (Announcement 39, 2012)	Regulations for cosmetics label instructions together and its guidance (under WTO/tbt committee review, 2012)

General requirement

The general rules on the cosmetic label management issued by CFDA has been requested for public comments twice, but no final version came after and this is a typical example of the inconsistent policy of CFDA. And the Regulations for cosmetics label instructions together with its guidance submitted to WTO by China government are still under discussion, despite the fact that it was expected to come into force in July. So we only conclude the requirements of the cosmetic finished products according to AQSIQ as well as the naming rules of CFDA below.

Label requirements of China cosmetic finished products
Language		Easily recognizable Simplified Chinese (Chinese pinyin or Chinese minority language or foreign language are optional)
Form		Attach or print on the sales package directly; Print on the brochure/paper band/cards which connected to the sales package; Print on the instructions inside the sales package.
Size of character		Height>=1.8 mm if the surface area of the sales package >20 cm2; Special rules for the size of "net content" (details in below)
Company names and address		For imported cosmetics, the name and address of manufacturer is optional while the country/region of the overseas manufacturer and the name & address of the Chinese distributor/importer should be provided.
Formula	Full ingredient labelling	Requested since 06/17/2010: Sequenced based on the descending order of the weight radio; To those equals to or below 1%, list them after other ingredients in arbitrary order.
	INCI name	Translated according to the INCI Chinese list 2010; If not listed, translated by Chinese pharmacopeia, chemical names or botanical names.
Use period		Print: Date of manufacture + shelf life or; Batch No. (mandatory)+ limited date to use.
Net content		International System of Units(SI); Size of character: 2~6 mm based on the volume or weight.
Instructions		Print if necessary
Warning		No specific rules unless authorities required for certain kind of products.
Permit		The CFDA certificate No. for imported cosmetics should be printed.
Forbidden words		Words of absolute meaning; Words of false meaning; Words of exaggerating meaning; Medical terminology; Words indicate medical function or effect; Medical celebrity's name; Unrelated words, difficult for customers to understand; Vulgar words; Words of superstitious meaning; Approved drug's name Words out of the range of product use. For more detailed example words, refer to Rules and guidance of naming cosmetics (Document 72, 2010)

Special Situation

Besides the cosmetics product in normal package size, there are small volume/weight cosmetics on the market, e.g. lipstick, mascara that leave tiny space to put on labels. Moreover, some cosmetics are used as gift or "not for sale", usually seen in promotion or advertising or samples. Do these special products have to prepare a full content label as well? Instruction for use of consumer products --- General labelling for cosmetics (GB 5296.3-2008) offered the answers as summarized below. (The Rules on the cosmetic label management and the Regulations for cosmetics label instructions together and its guidance (under WTO/tbt committee's review, 2012) has a few different provisions on this part, companies should keep an eye on the final documents .)

Situation	Requirement
Small package (net content <=15 g or mL)	Only the following contents are required (in GB 5296.3-2008): Product name; Name of manufacturer; Net content; Formula (could be printed on other instruction materials); Use period. Notice: Additional requirements in other draft documents.
Used as gift or "not for sale"	Only the following content required (in GB 5296.3-2008): Product name; To imported cosmetics, the name and address of manufacturer is optional while the country/region of the overseas manufacturer and the name & address of the Chinese distributor/importer should be provided; Use period; Warning. Notice: Additional requirements in other draft documents.

Conclusion

To design and prepare qualified cosmetic labels in Chinese is just the first step to enter the Chinese market, however this requirement is compulsory for applying a CFDA certificate as well as the the Custom clearance. If you are interested in more regulatory obligations for imported cosmetics, you could refer to the Ebook 18: China Cosmetics Guidance in a Nutshell (Volume 1: Steps to Export Cosmetic Products to China) which is free to be downloaded from ChemLinked.