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6 Draft Amendments to South Korean Cosmetics Act in 2019

The labeling of manufacturers' information could potentially no longer be a requirement Functional cosmetics will be subject to more stringent supervision Solid soaps could potentially be exempt from custom cosmetics sales report

As outlined in BeautyNury' s report [1], the six draft amendments to South Korean Cosmetics Act proposed in 2019 are:

1. The labeling of manufacturers' information could potentially no longer be a requirement

Currently, South Korea requires enterprises to label both responsible distributor' s and manufacturer' s information on the packaging. The draft amendment changes cosmetic manufacturer' s information from mandatory to optional. Only the responsible distributor or custom cosmetic seller' s name and address will be necessary to label on the packaging.

Senator Kim Sang Hee proposed the draft amendment on Oct. 22, who said, "Responsible distributors will be responsible for the quality and safety of the cosmetic products in circulation. To coordinate with foreign regulations, it is not necessary to indicate the information of the manufacturers on the packaging. Therefore, only the name and address of the responsible distributor or custom cosmetic seller should be mandatory. "

2. Functional cosmetics will be subject to more stringent supervision

If false documents are submitted during functional cosmetics examination or other improper means are used to pass the examination, the Ministry of Food and Drug Safety (MFDS) will:

  • Prohibit sale of the products (including supplying or awarding for import agency business) or manufacturing, importing, storing or displaying for the purpose of sale.

  • Revoke the business registration of the enterprises, etc.

3. Solid soaps could potentially be exempt from custom cosmetics sales report

Background

  • South Korea will classify solid soaps, black hair powder, and hair removal wax as cosmetics starting from Dec. 31, 2019.

  • Cosmetics repackaged by dividing the contents of manufactured or imported cosmetics into smaller amounts belong to custom cosmetics. Anyone who intends to sell custom cosmetics shall file a report with the MFDS and arrange a custom cosmetics compounding manager.

Considering the irrationality of regarding solid soaps being repackaged into smaller amounts as custom cosmetics, South Korea planned to amend the Cosmetics Act and its Enforcement Rules, exempting sales of solid soaps being repackaged into smaller amounts from custom cosmetics sales report. The public consultation will last until Feb. 5, 2020 [2].

4. Other Draft Amendments

  • Labeling “Duty-Free" on both primary and secondary cosmetic packaging to eliminate the illegal distribution of duty-free cosmetics. The unlawful distribution of duty-free cosmetics confused consumers on product prices and lead to tax evasion, in addition to harming legitimate business.

  • Labeling the expiry date of cosmetics on both primary and secondary packaging to facilitate consumer understanding.

  • Exclude products which use medical terminology or involve the name of a disease such as “acne” or “atopy” from the scope of cosmetics.

The above six draft amendments proposed by senators in 2019 are going to be further reviewed by authorities in 2020.

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