China Further Clarifies Transitional Measures on the Previous Special Use Cosmetics and Cosmetics Containing Newly Prohibited Ingredients

The previous five special use cosmetics—hair growth products, depilating products, breast beauty products, slimming products, and deodorants—can continue to be produced, imported, and sold until Dec. 31, 2025, even if their administrative licenses expire during the grace period; It is not mandatory to cancel the registration/notification of cosmetics containing newly prohibited ingredients. The original registration or notification number can be retained after changing the formula, and replacing or deleting the prohibited ingredients; Registrant intending to extend the validity of special cosmetics registration certificate shall conduct a product self-inspection six months before the certificate expires.

On Dec. 17, 2021, China National Medical Products Administration (NMPA) released an announcement to clarify the transitional measures for the previous five types of special use cosmetics and cosmetics containing newly prohibited ingredients, as well as the management measures for the renewal of special cosmetics registration certificate. ¹

1. The Previous Five Special Use Cosmetics: Four-year Grace Period Remaining

Starting from Jan. 1, 2021, the five types of the previous special use cosmetics, namely, hair growth products, depilating products, breast beauty products, slimming products, and deodorants, were no longer managed as special cosmetics. Those products that obtained the administrative licenses before Jan. 1, 2021, can continue to be produced, imported, and sold until Dec. 31, 2025, even if their licenses expire during the grace period.

New Classification of the Previous Five Special Use Cosmetics

During the grace period, the registrant can apply for the cancellation of the administrative license and re-apply for special cosmetics registration or general cosmetics notification according to the product's new classification. After being registered/notified under the new classification, the product is no longer subject to transitional measures.

Except for cancellation applications, NMPA no longer accepts applications for change, re-issuance, or renewal of relevant cosmetics administrative licenses. For any product information change that does not involve safety or efficacy claims, the registrant can promptly notify NMPA.

For the processing measures on the existing applications for the administrative licenses of these five cosmetics, please refer to ChemLinked News.

2. Cosmetics Containing Newly Prohibited Ingredients Can Retain the Original Registration/Notification Number

On May 28, 2021, China released and implemented the updated Inventory of Prohibited Ingredients for Cosmetics and Inventory of Prohibited Plant (Animal) Ingredients for Cosmetics. From May 28, 2021, cosmetic registrants and notifiers are not allowed to produce or import cosmetics containing prohibited ingredients stipulated in the updated inventories.

For cosmetics registered/notified before May 28 but contain newly prohibited ingredients, the registrant and notifier can retain the original registration and notification number after changing the formula, and replacing or deleting the prohibited ingredient.

The registrant and notifier shall apply for product formula change and submit related testing reports, safety assessment report, etc., before May 1, 2022;
If the registrant has renewed the previous administrative license of special use cosmetics, he/she shall apply for product formula change and submit related testing reports, safety assessment report, etc., before NMPA conducts post-market technical review;
If the registrant or notifier fails to apply for formula change within the time limit, the relevant product shall not continue to be sold on the market.

You may find the newly prohibited cosmetic ingredients in ChemLinked News. ChemLinked also developed a Chinese cosmetic ingredient regulatory database platform, the Cosmetic Ingredient Search Tool. By searching ingredient name or CAS number, you can quickly find whether an ingredient is prohibited. Welcome to try it FREE.

3. Special Cosmetics Registration Certificate Renewal: Conduct a Self-inspection in Advance

Registrant intending to extend the validity of special cosmetics registration certificate (including the previous administrative license of special use cosmetics) shall conduct a product self-inspection six months before the certificate expires. If the product passes the self-inspection, the registrant or domestic responsible person (RP) shall apply to renew the registration and submit the required documents within 30-90 working days before the certificate expires.

If the registrant or RP fails to submit the required documents within the time limit due to force majeure, he/she shall submit a statement of the situation and corresponding evidence to the local provincial MPA within 10 working days after the impact is eliminated, so as to obtain a written opinion issued by provincial MPA. Then within 5 working days, the registrant or RP shall submit the required documents and the written opinion to NMPA to renew the registration.

Announcement on the Implementation of Requirements on Special Use Cosmetics License Renewal (No. 45, 2019) was repealed on Dec. 17, 2021.