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CSAR Subsidiary Regulations: Draft Guidelines for Cosmetic Efficacy Claim Evaluation Unveiled

Cosmetic efficacy claims can be evaluated through four evaluation principles: human trials, consumer tests, laboratory tests, and document literature. The Guidelines also clarify the evaluation exemption, accepted evaluation methods and institutions, obligations of institutions and registrants/notifiers, necessary content in the evaluation report, etc.

On September 1, 2020, China National Institutes for Food and Drug Control (NIFDC) released the draft Guidelines for Cosmetic Efficacy Claim Evaluation for public consultation [1]. Any suggestions can be mailed to ChemLinked ([email protected]) prior to September 14, 2020, and we will submit to the NIFDC.

Background

Formerly, there were no requirements for other cosmetic efficacy claims except for sunscreens and the waterproof efficacy of sunscreen products which had to be evaluated in accordance with STSC (Safety and Technical Standards for Cosmetics 2015).

Article 22 of the CSAR released on June 29 stipulates:

"Efficacy claims of cosmetics should be supported by a sufficient scientific basis. Cosmetics registrants and notifiers should disclose the abstract of the document literature, research data or product efficacy evaluation document on which the efficacy claims are based on the special website prescribed by the NMPA of the State Council, and accept social supervision.”

The Guidelines are drafted to guide the cosmetic efficacy claims evaluation.

Key Points

1. Evaluation Principle

Cosmetic efficacy claims can be evaluated through four evaluation principles: human trials, consumer tests, laboratory tests, and document literature.

No.

Efficacy Claims

Evaluation Principles

1

Anti-hair loss

Human trials

2

Freckle removing and whitening

  • Human trials;

  • Products that only evaluate whitening efficacy should not claim "freckle-removing."

3

Sunscreen

Human trials

4

Acne removing (including blackheads   removing)

  • Human trials;

  • Products that only evaluate the efficacy of blackheads removing should not claim "acne removing."

5

Repairing

  • Human trials

  • If the application site is only hair, in-vitro real hair can be used for efficacy evaluation

6

Anti-wrinkle

Any of the following methods can be used, and document literature can be combined:

  • Human trials

  • Consumer tests

  • Laboratory tests

7

Tightening

8

Relieving

9

Oil-control

10

Exfoliating (non-physical effect)

11

Hair breakage prevention

12

Anti-dandruff

13

Moisturizing

Any of the following methods can be used:

  • Document literature

  • Human trials

  • Consumer tests

  • Laboratory tests

14

Moistening

15

Hair care

16

Claim suitable for sensitive skin

Any of the following methods can be used:

  • Human trials

  • Consumer tests

17

Claim gentle (No stimulation)

Any of the following methods can be used:

  • Human trials

  • Consumer tests

  • Laboratory tests

18

Claim tear-free formula

Human trials

19

Claim quantitative index (time, statistics,   etc.)

Any of the following methods can be used:

  • Human trials

  • Consumer tests

  • Laboratory tests

20

Claim new efficacy

  • The evaluation method should be selected according to the specific efficacy claim;

  • Should entrust the registration and notification testing institution to conduct the efficacy evaluation and validation

Notes:

  • Laboratory tests include animal tests and in vitro tests (isolated organs, tissues, cells, microorganisms, physical and chemical tests)

  • The cited document literature includes 1) current laws, regulations, and standards at home and abroad; 2) publicly published, non-summative scientific research, survey, evaluation reports, and related works. The cited literature should be relevant to the product efficacy claim. The ingredient concentration, scope, and other restrictions should be consistent with the cited literature's requirements, and the information traceability should be ensured.

  • Cosmetic products that have undergone human trials can claim "the efficacy has been validated" on the label.

In the future, the three special cosmetics categories (anti-hair loss, freckle-removing/whitening, and sunscreen products) will not only need to undergo human safety tests but also human efficacy tests, which may extend their time to reach the market.

Products claiming repairing are required to be tested on humans. According to Pinguan [2], some brands may consider avoiding repairing claims. But on the other hand, repairing products that have been tested on humans can gain higher consumer trust.

2. Evaluation Exemption

The product belongs to the following three categories can be exempted from efficacy evaluation.

Exemption Categories

Examples

Product with efficacy that can be directly recognized by the senses such as sight and smell

Cleansing, makeup removing, beautifying and embellishing, fragrant, body refreshing, hair dyeing, hair perming, hair styling, hair color maintaining, depilating, deodorizing, assisting with shaving and barbering

Product with efficacy that is achieved through the simple physical application, adhesion, friction, etc., and is indicated physical effects on the label

Whitening through the physical application, physical exfoliation, physical removal of blackheads

Product with new efficacy that can be directly recognized by the senses such as sight and smell, or new efficacy that is achieved in the physical process, and is indicated physical effects on the label

/

3. Evaluation Method

The evaluation method should be selected according to the product category. The following are the accepted methods.

1. Methods prescribed by relevant domestic and foreign laws, standards, and norms;

2. Methods publicly published by authoritative organizations or technical institutions, and on industry association guidance and professional academic journals, etc.;

3. The validated laboratory self-developed methods, but the complete texts of the self-developed methods should be provided in the evaluation report.

Method Validation: A Great Challenge

Methods included in China's current laws and regulations, national standards, or STSC are preferred. Method validation is required if methods not in the STSC are used to evaluate the efficacy of sunscreen, freckle removal, whitening, and anti-hair loss.

For the test method that needs to be validated, inter-laboratory comparisons should be carried out in no less than three testing institutions with efficacy evaluation capabilities. The first entrusted testing institution should be responsible for organizing method validation work and issuing an evaluation report. The method's performance parameters, such as effectiveness, repeatability, and accuracy, should be stated in the report.

According to Pinguan [2], it is a great challenge for the laboratory to develop and validate the method because of the difficulty of obtaining consistent results every time during efficacy validation. Most of the laboratory methods cannot fulfill validation requirements under the national testing standards.

Efficacy Evaluation for Freckle-removing and Whitening Products

The Guidelines also propose requirements for the cross-reference of the efficacy evaluation of freckle-removing and whitening products.

Under the premise of meeting the cross-reference principles' requirements, the freckle-removing and whitening products of the same enterprise can choose representative products for human trials, and other products can be evaluated by cross-reference. Products that have not been tested on humans should not claim "The efficacy has been validated."

 

*Representative products that are tested on humans should be no less than 20% of the total number of produced products by the applicant enterprise.

4. Evaluation Institution

  • Cosmetic registrants and notifiers can conduct efficacy claim evaluation on their own or entrust evaluation institutions with corresponding capabilities.

  • Sunscreen, freckle-removing and whitening, anti-hair loss products, and products with new efficacy should entrust registration and notification testing institutions for efficacy evaluation and method validation.


Obligations

Evaluation   Institutions

The report is signed and sealed by the evaluation institution. The evaluation institution should ensure the accuracy and reliability of the evaluation report results. The original record should be true, standardized, complete, and traceable, and should be kept in accordance with relevant regulations.

The evaluation report, original record, entrusted agreements, document literature, electronic documents, instructions for use, and other relevant documents issued should be kept on file for reference, with a retention period of no less than six years.

The sample's retention period is two years from the date of issuance of the testing report or until the sample’s expiry date/shelf life.

Registrant/Notifier

Cosmetic registrant and notifier are the responsible bodies of efficacy claim evaluation. They are responsible for the samples provided, the authenticity and completeness of the relevant documents, and the evaluation conclusions' scientificity.

The abstract of the efficacy evaluation, evaluation report, relevant document literature (Paper or electronic version. Content related to efficacy claims in foreign literature should be translated into Chinese. The translation and complete original should be kept), entrusting contract/agreement, etc. should be kept on file for reference.

The relevant documents of efficacy claims should be kept until ten years after the end of the shelf life of the last batch of products on the market.

5. Evaluation Report


Content

Evaluation report

  • Registrant/notifier information;

  • Evaluation institution information;

  • Product information (including formula);

  • Evaluation items;

  • Evaluation basis;

  • Documents and methods;

  • Results and conclusions;

  • Evaluation date, etc.

 

The evaluation involved human trials and consumer tests should also include subject (or consumer) information description (screening conditions and the number of completed and lost to follow-up, etc.), informed consent, adverse reactions, and other related information.

The abstract of the evaluation report

  • Purpose;

  • Methods;

  • Results;

  • Conclusion;

  • Evaluation institution information;

  • Brief description of the correlation between each efficacy claim and its evaluation method.

Visit our coslist for the template of efficacy evaluation abstract.

Industry Comment

Except for some head factories and brands, most beauty enterprises do not have the technical or financial strength to evaluate efficacy. It is a considerable expense for small and newly launched brands with limited working capital to conduct efficacy claim evaluation.

An industry insider said, "Efficacy evaluation is not like microbiological testing with fixed methods and small cost differences. We need to design plans and assess costs according to different product efficacies."

Related Resources:

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