China Cosmetics Regulation: New Measures on Cosmetic Labelling

On November 15 2014, China Food and Drug Administration officially published the draft Administrative Measures on Cosmetics Labelling for public comment. Most provisions in the new draft evolve from the previous regulations concerning labelling, namely Administrative Provisions on Cosmetics Labelling, GB 5296.3 - 2008 and Guide to the Naming of Cosmetics. Once effective, the new draft will replace the Administrative Provisions on Cosmetics Labelling and “Guide to the Naming of Cosmetics” as the main basis of law-enforcement in the administration of cosmetics labelling. The provisions in the GB 5296.3 – 2008 that do not conflict with the new draft will continue to be applicable.

The new draft spells out the definition of cosmetics labelling, requirements for labelling and obligations of companies. The major changes can be summarized as below:

• According to CFDA, Cosmetic Hygiene License and Cosmetic Production License has been unified in a single Manufacturing Enterprise Administrative License. The labelling is also simplified in that only the Manufacturing Enterprise Administrative License number and product standard number are required to be indicated on the label.
• All cosmetics should be labeled with a cosmetics registration certificate number or record number for the purpose of convenience query of registration or filing information for supervision department and public. For domestic manufacturers of non-special use cosmetics, the number can be automatically obtained after filing a record with provincial FDAs online. Applicants of special use cosmetics and imported non-special use cosmetics can mark the label according to the permit number or record number issued by competent department. The labels are required to be consistent with the registration or record information.
• Name and address of manufacturer refer to the name and address of the manufacturer of the last working procedure contacting with contents. OEM cosmetics shall be marked with the names and addresses of the two entrusting parties.
• Efficacy claims officially become a mandatory requirement. All cosmetic products without validated efficacy must be labeled with “efficacy has not been validated”. For those products whose efficacy has been validated by testing institutions, relevant validation information is allowed to be indicated.
• Both imported cosmetics and domestic cosmetics are subject to unified requirements for fairness. The labels of both are not permitted to be revised or supplemented by the means of pasting, cutting or altering.

It is worth noting that CFDA will soften its stance on labelling claims and wordings. Furthermore, the CFDA issued the List of Prohibited Wordings for Cosmetic Labelling included in the new draft. Compared to the prohibited wordings in the Guide to the Naming of Cosmetics, The list mainly adjusts the following three aspects:

• The loosening of restrictions on wordings that is inconsistent with the products’ properties but can be easily recognized by consumers.
• Permissions of partly prohibited claims that meet the demands of consumers and are already generally accepted by consumers, such as anti-aging, anti-wrinkle, etc.
• The strengthening of prevention and control of claims of medical efficacy and misleading advertising.

The comment period of Administrative Measures on Cosmetics Labelling ends on November 30th. All comments received during this period will be considered during the decision-making process. If you have any comment, please send it to [email protected]. This regulation will be implemented from July 1 2015. Cosmetics marketed already can use their existing labels until June 30 2016.

* Please contact us at [email protected] if you are interested in obtaining the bilingual full-text of the new draft.