Chinese Cosmetic Regulation: Latest Developments and Significant Changes

Since 5 November 2013 CFDA has implemented several stages of cosmetic regulatory reform which have significantly affected all stakeholders in the cosmetic industry. During the “Training on Registration of Special Use Cosmetics” held by CFDA on September 27-29 (that Chemlinked participated in), Qi Liubin, Director of Cosmetics Division, CFDA disclosed the latest developments and significant changes affecting the cosmetics industry.

Administrative Measures on Cosmetics Labeling

Qi Liubin highlighted that Administrative Measures on Cosmetics Labeling would be open for public consultation around October 15 and might be officially published within the year. The major difference under this regulation is that all products except moisturizing products and hair dying products must be labeled with “efficacy has been validated” or “efficacy has not been validated”. Although not a mandatory requirement efficacy testing is likely to be necessary in terms of consumer acceptance of products. Qi stated that any cosmetic companies or testing institutions that meet the requirements of the CFDA can conduct efficacy testing. Qi did not give the details of the requirements, leaving companies to wait for the release of the new regulation. Another big change is CFDA will soften its stance on labelling claims and wording. Function claims using wording that is not misleading is permitted to be indicated on the label. What’s more, after filing a record with provincial FDAs through the national online filing platform, domestic non-special use cosmetics will obtain a record number. The record number will then be a labelling requirement.

Decentralization of Imported Non-special Use Cosmetics

CFDA will delegate regulatory supervision and approval of imported non-special use cosmetics to provincial FDAs in a devolutionary process. FDAs will be reviewed by CFDA one by one to confirm whether they are qualified to approve products or not. Once approved, the FDA will take over the full responsibility of supervision and approval of imported non-special use cosmetics. It should be noted that all imported non-special use cosmetics will require online filing and be reviewed through a national unified platform by expert panel.

It was revealed that the responsibilities will be delegated from November 2014.

Other significant cosmetic regulatory developments:

• Currently cosmetic regulations do not contain a clear definition and guidelines for the registration of soaps, soon this situation will be changed. Soaps will be defined as cosmetics, and CFDA will be responsible for regulating soaps.
• Companies should submit product formulas prior to arranging product testing when applying for registration. It will be prohibited to revise or change formula after the tests are finished.
• In the procedures of registration, companies will be permitted to submit supplementary documentation once only.
• Hygienic Standard for Cosmetics 2007 is currently being amended. The revision might be open for public consultation within the year.
• Since the second half of 2013, CFDA launched a far reaching campaign set on thoroughly amending the overarching cosmetics regulation Regulations concerning the Hygiene Supervision over Cosmetics. According to Qi Liubin, the draft regulation will be open for public comment and be submitted to the State Council within the year. Regarding the timing of the release, Qi said, “To release the regulation is the State Council’s responsibility. It is too difficult for me to tell. Maybe two years or three years, I guess.”