Chinese Cosmetic Officials Disclose Development Direction of Pending Supervision and Administration Regulation

Takehome: Classified supervision based on risk assessment and development of a regulatory environment that fosters industry self-regulation are major targets in China’s overarching cosmetic regulation.
 

(Opening ceremony: from internet)

From Nov. 23 to Nov. 24 2018, Shanghai held the first International Cosmetics Industry Summit in Fengxian District, attended by a number of Chinese government officials and hundreds of renowned international and domestic cosmetics enterprises including AHC, Avene, Estee Lauder, Lancome, Dabao and Pechoin.

During the conference, Li Jinju, Deputy Chief of Cosmetics Regulation Section of NMPA expounded the strategy and direction of pending regulatory policies that will guide China’s cosmetic industry going forward. With regard to the pending release of Cosmetic Supervision and Administration Regulations (CSAR), Li unveiled that the revised CSAR has been designed to address the following 5 key issues:

1. A risk-based stratified management system will be applied to cosmetic raw materials. 

The current standardized management (mandatory registration) of cosmetic raw materials will be shifted to filing management, requiring enterprises to declare ingredients, prepare materials and conduct risk monitoring themselves.

2. The accountability system for product quality and safety will be clarified.

In the future, the registrant, filer and domestic responsible person will be the main entities liable for the responsibilities of products including safety assessment and efficacy claim.

The domestic responsible persons are required to fulfill the commitment and establish a comprehensive quality and safety management system for imported non-specials cosmetics to strengthen product traceability and quality control, ensure compliant importation and operation of the product and enable the immediate recall in case any safety issues are found.

3. The category of special use cosmetics will be adjusted on the basis of product inherent attributes.

As per the 2015 draft of CSAR, the current “special use cosmetics” and “non-special use cosmetics” will be changed to “special cosmetics” and “general cosmetics” in the new regulation. In addition, special use cosmetics will be reduced from the existing 9 to 4 categories including hair dye, hair perm, whitening and sun protection. The remaining special cosmetics such as hair growth, hair removal, and breast beauty, slimming and deodorant products will be canceled or supervised as drugs or general cosmetics.

4. Management on cosmetic efficacy claims will be reinforced relying on social supervision rather than administrative approval system.

5. The legal responsibilities will be clarified, accompanied by increased penalties for violations of laws and regulations.