Korea to Introduce Cosmetics Recall System

MFDS released a legislative announcement on the partial amendments to “the Cosmetic Act”. These amendments mainly relate to the requirements for the cosmetics recall system.

According to the announcement, a voluntary recall system for cosmetics containing harmful materials will be adopted. When a manufacturer-seller, manufacturer, sellers or other persons handling cosmetics for their business violates Article 7, 9, 15 or 16(1), he shall recall their products or take necessary steps to implement a recall and report recall plans to MFDA in advance. The person implementing the recall honestly and voluntary can be given a mitigated punishment or be exempted from punishment. In order to make the recall system explicit the MFDS amended or added related contents to the regulation. For example, the previous version stipulated that “MFDS may order manufacture-sellers, manufacturers, sellers or other persons handling cosmetics for their business to discard cosmetics sold, kept, displayed, manufactured or imported in violation of Article15 or 16 and the materials or ingredients thereof.” While this clause is now changed to “……to recall and discard cosmetics sold, kept, displayed, manufactured or imported……”.

Furthermore, two new clauses are added to “the Cosmetic Act”. They are as follows:

1 Article 23(2) The Commissioner of the MFDS may publically disclose details of cosmetics containing harmful materials in any of the following cases:

• When cosmetics are suspected to contain harmful materials and cause public health risk in violation of Article 7, 9, 15 and 16.
• When a recall plan is received

Methods and procedures for disclosure shall be determined by Presidential Decree.

2 Article 28(2) The Commissioner of the MFDS will disclose the reasons for punishment, contents, name and address of violators, name of delegation and name of cosmetics, prescribed by Presidential Decree.

The Article 28(2) has entered into force on Jan 28 2015 while the other amendments shall become effective from July 28 2015.