Deadline Approaching: Cosmetic Companies Shall Update Product Labels and Supplement Efficacy Evaluation Summary by May 2023

After China implemented the Cosmetic Supervision and Administration Regulation (CSAR) on January 1, 2021, several subsidiary regulations have been introduced, offering essential guidance for the industry. To aid companies in adjusting to the new regulations, NMPA has issued various transitional policies, with May 1, 2023 being a critical deadline, as it marks the conclusion of some transitional periods.

Before May 1, 2023, companies must update cosmetic labels and supplement the summary of efficacy evaluation to comply with the new regulations. Below are the detailed requirements.

1. Updating Cosmetic Labels

China National Medical Products Administration (NMPA) released the finalized Administrative Measures on Cosmetics Labeling (Measures) on June 3, 2021 and implemented it on May 1, 2022. The Measures spells out the new labeling requirements and prohibited cosmetic claims under CSAR regulatory framework.

• All cosmetics registered or notified after May 1, 2022 shall comply with the new Measures;

• Cosmetics that have been registered or notified before May 1, 2022 were granted a transitional period. The registrants and notifiers shall update the labels that have not complied with the new Measures by May 1, 2023.

Compared with the previous labeling regulations, the Measures has stricter requirements in terms of labeling definition, the consistency between label information and registration or notification documents, Chinese labels, product naming, guiding words, etc. For example,

• The primary packaging of all cosmetics shall bear the product's Chinese name and expiration date. But now for most imported cosmetics, samples, and gifts that have already been on the market, their primary packaging may still bear the original labels without Chinese name and expiration date;

• For ingredients with concentration less than 0.1% (w/w), their standard Chinese names shall be labeled separately under "other trace ingredients," necessitating companies to check their formula and update labeling accordingly.

As a result, labels of many registered and notified cosmetics need to be redesigned and updated. As the deadline is approaching, companies shall take the last few days to update cosmetic labels.

2. Labeling Children Cosmetics’ Logo

Starting May 1, 2022, NMPA requires children cosmetics applying for registration and notification to comply with the Supervision and Administration Provisions on Children Cosmetics and Administrative Measures on Cosmetics Labeling. This includes labeling children cosmetics with the “Little Golden Shield” logo, adding warning words such as “should be used under adult’s supervision”, as well as avoiding food-related labeling and packaging that can cause confusion with other products.

Children Cosmetics’ Logo: Little Golden Shield

For children cosmetics that have been applied for registration or notification before May 1, 2022, the registrant and notifier shall ensure compliance with the above requirements before May 1, 2023.

The "Little Golden Shield" logo must be labeled on an easily-observed display panel of the sales package in proportion to the logo designated by NMPA. While companies can fine-tune the color and font of the logo to suit their packaging design, the logo must be clear, durable, and easy to identify.

3. Supplementing the Summary of Efficacy Evaluation

In accordance with CSAR, cosmetic efficacy claims must be supported by sufficient scientific basis. Registrants and notifiers of cosmetics must complete the efficacy evaluation themselves or entrust an evaluation institution with corresponding capabilities. The summary of the efficacy evaluation must be publicized on the website designated by NMPA.

To standardize and guide the evaluation of cosmetic efficacy claims, China released the Standards for Cosmetic Efficacy Claim Evaluation (Standards) on April 9, 2021, which took effect on May 1, 2021.

• For cosmetics registered or notified before May 1, 2021, the registrants or notifiers must evaluate the cosmetic efficacy claims in accordance with the Standards and upload the summary of efficacy evaluation before May 1, 2023;

• For freckle-removing (whitening) and anti-hair loss cosmetics registered before May 1, 2021, the registrants must supplement a human body efficacy evaluation testing report before May 1, 2023.

Notes: As early as March 5, 2021, NMPA introduced transitional measures on the ingredient safety information submission, stipulating that before May 1, 2023, the registrants and notifiers should supplement the safety information of all ingredients in the product formula of cosmetics previously registered or notified. Considering the influence of COVID-19, NMPA extended the deadline for supplementing ingredient safety information from May 1, 2023 to December 31, 2023.

ChemLinked expects to assist companies in registering/notifying cosmetics in China. If you have any further cosmetic compliance consultation needs, please contact us at [email protected].

Further Reading

• China NMPA Provides Relief for Cosmetic Industry with Eased Ingredient Safety Information Submission Policies

• A Compendium of China’s New Regulatory Requirements to be Effective and Transitional Policies to Expire in May 2022

• Noteworthy Regulatory Matters and Key Time Points for Cosmetic Registration and Notification in China in 2022 and Beyond

• Webinar | Decoding China’s New Cosmetic Labeling Regulation