China Abolishes Cosmetic Advertisement Administration Measure

  •   14 Nov 2017
  •    Jo Zhou

    Takehome:

    China has abolished its “Cosmetic Advertisement Administration Measure” which means that cosmetic advertising and promotions are no longer regulated by a sector specific standard.

    In 1989, article 29 of cosmetic overarching “Regulations concerning the Hygiene Supervision over Cosmetics ” stipulated that the  State Administration for Industry & Commerce (SAIC) take responsibility to manage cosmetic advertisements. The SAIC accordingly issued “Cosmetic Advertisement Administration Measure (herein after referred as “Measure”)” to especially regulate advertisement of the cosmetics.

    The “Measure” stipulated:

     1) Prohibited contents for cosmetic advertisements

     2) Punishment for violations.

    Under the new system all advertisements should follow the requirements of the newly issued “Advertisement Law”. To realize China’s broad plans of decentralization and administrative simplification, the Law allows the cosmetic industry more freedom to promote their products via advertisements. For example: the “Measure” used to prohibit use of data related to cosmetic efficacy, function and sales volume. Under the advertisement law this kind of data is permitted (though the enterprise should guarantee the facticity, accuracy of the data and remark the data sources).

    However, the “Punishment” for illegal cosmetic advertisement, instead of being abolished, is transferred to “Enforcement Rule of Advertising Administration Provision”. SAIC is still tasked with conducting the administration and punishment of cosmetic advertising cases. Advertisements should also comply with other regulations such as the “Consumer Protection Law”, “Anti-Unfair Competition Law”, etc. The drafting of the new cosmetic overarching “Regulations concerning the Hygiene Supervision over Cosmetics” also adds one new chapter “Claims and Advertisement” to especially regulate cosmetic advertisement in the future. 

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