Horizon Scanning: 3 Avenues for Efficient Supervision of Special-use Cosmetics

Background: Exponential growth in consumption of special use cosmetics in China over the past two decades has brought with it a number of new challenges for industry and regulators. High profits and loose regulatory supervision embolden marketers to misguide consumers by overstating functions and entice manufacturers to use prohibited ingredients to enhance efficacy but pose considerable health risks. This Article speculates on some of the future avenues available to government to more efficiently regulate this burgeoning market while ensuring the healthy growth of the industry while safeguarding the health and safety of consumers.

Expand Special Use Cosmetics Regulatory Scope

According to the “Regulation of Cosmetic Hygiene Supervision”, the overarching cosmetics law, there are currently nine classes of cosmetics officially regarded as special-use cosmetic. These cosmetics are treated differently from standard cosmetics in terms of their registration procedure. Special use cosmetics are subject to more rigorous technical review and testing to ensure their safety before placement on the market.

In recent years the market has seen an increase in sale of cosmetics beyond the regulatory scope of both standard and special use cosmetics and more worryingly an increase in the use of prohibited ingredients. A previous nationwide inspection result revealed that a staggering 13.5% of acne-removing cosmetics inspected contain metronidazole—an ingredient applied in drug production and banned from use in cosmetics. Corticosteroids such as dexamethasone are also frequently found in many skincare products, which pose a risk of skin damage and hormonal disruption.  Legislative effort has already been made last year to include whitening cosmetics into the category of “freckle-removing” cosmetics—one of the nine classes of special-use cosmetics, which is likely only the beginning of further expansion of the scope of special use cosmetics as the market continues to reveal loopholes in the current system.

Improve the Adverse Reaction Monitoring System

A monitoring system to pinpoint and track problem cosmetics associated with adverse reactions is an indispensible part of an efficient regulatory system. China lacks such a system, meaning that in many cases potentially dangerous cosmetics remain in market circulation after adverse reactions have been reported. Developing and implementing such a system is no easy task as it demands a concerted effort by local FDA, hygiene departments and scientific institutes. In recent years bureaucratic redundancy has been reduced and has paved the way for a significant increase in cosmetic regulatory supervision and inspection efficiency. Centralized regulation of the domestic cosmetics market also greatly facilitates realization of development of an adverse monitoring system in the future.

Standardization of Permitted Labeling Terminology and Terminology Accuracy Standards

Marketing of cosmetics and cosmetic product labeling are carefully regulated in China.  China has specific rules to curb the abuse of terminology particularly efficacy or functional claims made on cosmetics. The current system needs improvement in many areas, such as clarifying the requirements to detail product side effects on the label. Meanwhile international investment and demand for international products means the quality of technical translation work is receiving greater attention than ever before. Labels must show a complete ingredient listed in simplified Chinese in a format that accord with the Chinese version of the INCI.