Monthly Recap: Asia-Pacific Cosmetic Regulatory Updates | December 2021

1. China Prohibits the Use of Whitening Ingredient Phenylethyl Resorcinol (SymWhite 377) in General Cosmetics

On Nov. 30, 2021, China NMPA officially issued a notice, announcing that the addition of whitening ingredient SymWhite 377 in general cosmetics is suspected of violating the relevant provisions in the Cosmetic Supervision and Administration Regulation and Administrative Measures on Cosmetics Registration and Notification, and will be investigated and dealt with by the provincial medical products administrations (MPA). All provincial MPA shall report the investigation and handling progress of the general cosmetics added with SymWhite 377 to NMPA by Dec. 20, 2021. [ChemLinked News]

2. China Finalizes the Mandatory Labeled Logo on Children Cosmetics

The finalized Supervision and Administration Provisions on Children Cosmetics stipulated that children cosmetics should be labeled with NMPA designated children cosmetics' logo on the display panel of the sales package. On Dec. 1, 2021, China NMPA revealed the children cosmetics’ logo, as well as its labeling area and color matching information. From May 1, 2022, children cosmetics that apply for registration/notification must be labeled with the logo. For those that have applied for registration/notification before May 1, 2022, the registrant/notifier shall update the label before May 1, 2023. [ChemLinked News]

Children Cosmetics Logo

3. One Cosmetic National Standards for Cosmetics Came into Effect on Dec. 1

On Dec. 1, 2021, one national standard for cosmetics came into effect, GB/T 40145-2021 Determination of 11 glucocorticoids including desonide in cosmetics—Liquid chromatography-tandem mass spectrometry. This standard applies to the determination of 11 glucocorticoids in water, lotion, cream cosmetics, and essential oils. [Reference Link]

4. China Publicizes the Notification Information of Two New Cosmetic Ingredients

On Dec. 2 and Dec. 8, 2021, China NMPA publicizes the notification information of two new cosmetic ingredients (NCI) from overseas companies. Up to now, the notification information of six NCI has been publicized. The basic information of the two NCI notified in Dec. is as follows:

[ChemLinked News]

5. China NMPA Further Clarifies Requirements for Children Cosmetics

On Dec. 3 and Dec. 9, China NMPA respectively issued a reply to the questions related to children makeup’s definition and a popular science article on children cosmetics. The key points include:

• Cosmetics refer to products applied to the human body surface. Toy products only used for dolls or other finshing purposes should not be managed as cosmetics. They shall be managed in accordance with the toy regulations;

• If a product is within the scope of cosmetics, whether it is sold separately or together with other products such as toys, the product should be supervised and managed as cosmetics;

• The permitted efficacy claims for cosmetics used by infants under three years old do not include "beautifying and embellishing" and "makeup removing." Therefore, it is illegal to claim that any makeup is suitable for infants under three years old. [Reference Link 1] [Reference Link 2]

6. China to Release a List of Permitted Cosmetic Whitening Ingredients

In response to the recent industry buzz on the ban of whitening ingredient phenethyl resorcinol (commonly known as SymWhite 377 in the industry) in general cosmetics, China NMPA issued a popular science article on Dec. 16, 2021, expounding the reasons for the ban as well as the definition, judging principles, safety risks, supervision requirements, etc., of whitening cosmetics. It also revealed that relevant departments are preparing to draft a list of cosmetic whitening agents, which will influence the definition of whitening cosmetics in China. [ChemLinked News]

7. China GACC Cancels the Consignee Filing of Imported Cosmetics

In a move to further streamline the administration and simplify the import process, the General Administration of Customs of China (GACC) issued a notice on Dec. 17, 2021, deciding to cancel the filing of Chinese domestic consignees of imported cosmetics from Jan. 1, 2022. [ChemLinked News]

8. China Further Clarifies the Transitional Measures on the Previous Special Use Cosmetics and Cosmetics Containing Newly Prohibited Ingredients

On Dec. 17, 2021, China NMPA released an announcement to clarify the transitional measures for the previous five types of special use cosmetics (hair growth products, depilating products, breast beauty products, slimming products, and deodorants) and cosmetics containing newly prohibited ingredients, as well as the management measures for the renewal of special cosmetics registration certificate. The key points are as follows:

• The previous five special use cosmetics can continue to be produced, imported, and sold during the grace period until Dec. 31, 2025, even if their administrative licenses expire during the grace period;

• It is not mandatory to cancel the registration/notification of cosmetics containing newly prohibited ingredients. The original registration or notification number can be retained after the formula is changed, and the prohibited ingredients are replaced or deleted;

• Registrant intending to extend the validity of special cosmetics registration certificate shall conduct a product self-inspection six months before the certificate expires. [ChemLinked News]

9. GACC: 13 Batches of Cosmetics Rejected in November

On Dec. 20, 2021, GACC gave an update on rejected food and cosmetics in November. A total of 13 batches of cosmetics imported from 5 countries (Czechoslovakia, Japan, South Korea, Italy, and Germany) failed customs inspection. The reasons for rejections are detection of hemp seed oil, detection of pseudomonas aeruginosa, failing to provide certificates or compliant certification documents, failing to pass sensory inspection, exceeding shelf life, excessive molds and yeasts, and unqualified labels. [Reference Link]

10. Guangdong MPA Clarifies Matters Related to Cosmetics Production License

On Dec. 20, 2021, Guangdong MPA issued a notice on matters related to the cosmetics production license. The key points include:

• Starting from Dec. 20, 2021, for enterprises that have the production conditions for eye care cosmetics and children's skincare cosmetics, Guangdong MPA would specifically mark the corresponding items on the licenses;

• On Dec. 20, 2021, Guangdong MPA implemented the notification and commitment system for production license renewal;

• Starting from Jan. 1, 2022, for the application for new, changing and renewing production licenses, Guangdong MPA will issue the new version of the license;

• Starting from Jan. 1, 2022, newly established enterprises that only engage in preparing cosmetic content shall apply for a production license. The production can begin only after granted the cosmetic production license. [Reference Link ]

11. China to Further Encourage the Development of CBEC

On Dec. 23, 2021, the State Council executive meeting mentioned that China would further encourage the development of cross-border e-commerce, establish more CBEC comprehensive pilot zones, and optimize the CBEC positive list to expand import categories. [Reference Link]

12. Hei Longjiang MPA Cancels Five General Cosmetics Notification

On Dec. 27, 2021, Hei Longjiang MPA announced to cancel the five Chinese domestic general cosmetics notifications. The reasons are that the notifiers’ business licenses have been cancelled, and the notifiers have been out of contact for a long time. 

13. China Pilots the Electronic Registration Certificate System

On Dec. 30, 2021, China issued an announcement stating that from Jan. 1, 2022, NMPA would issue electronic registration certificate as a trial for special cosmetics and high-risk new cosmetic ingredients. The time for the official implementation will be announced separately.

• From Jan. 1, 2022, NMPA begins to issue electronic registration certificates for special cosmetics and new cosmetic ingredients which are approved for registration;

• From May 1, 2022, NMPA will begin to issue electronic registration certificates for special cosmetics which are approved for certificate change or renewal;

• The electronic registration certificate has the same legal effect as the paper registration certificate;

• During the trial period, the electronic and the paper registration certificate are issued in parallel. [Reference Link]

14. Guangdong MPA Strengthens Notification Management of General Cosmetics

On Dec. 30, 2021, Guangdong MPA issued an announcement to strengthen the notification management of general cosmetics. The key points are:

• Municipal medical products administration departments should supervise and urge the notifier to carry out self-inspection and self-correction, and rectify the cosmetics on the original notification platform. Where rectification has been completed before Sep. 15, 2021 and meets the requirements, the notifier shall promptly claim the product on the new notification platform; for those that have not been corrected after Sep. 15, 2021 or still do not meet the requirements after rectification, the notifier shall cancel the notification through the new notification platform. The cosmetics that have been marketed before notification cancellation can be sold until the end of the shelf life. On Mar. 31, 2022, the notification of unclaimed product on the original notification platform will be cancelled;

• The notifier shall submit the annual report of general cosmetics from Jan. 1 to Mar. 31, 2022;

• For general cosmetics that have been notified on the original notification platform, the notifier shall supplement product executive standard and label samples, and fill in the product formula (for Chinese domestic general cosmetics) before May 1, 2022;

• Registrant, notifier, and domestic responsible person who have opened temporary user account of the new notification platform must supplement the quality management system overview, adverse reaction monitoring and evaluation system overview before Jan. 1, 2022. If the supplementary submission is not completed within the time limit, the temporary user account will be automatically inaccessible;

• Starting from Jan. 1, 2022, the notifier is required to evaluate the efficacy claims of cosmetics and upload a summary of efficacy evaluation on the website designated by NMPA;

• Starting from Jan. 1, 2022, the registrant/notifier shall provide safety information of preservative, sunscreen, colorant, hair dyeing, freckle-removing and whitening ingredients when applying for product registration/notification. [Reference Link]

15. China Launches Cosmetics Ingredient Safety Information Submission Platform

On Dec. 31, 2021, China launched a Cosmetics Ingredient Safety Information Submission Platform. Cosmetic ingredient manufacturers or their authorized companies can log in to the platform to submit ingredient safety information. Chinese domestic company can directly log in the submission platform. Overseas company shall log in after opening an account on the “Cosmetic Ingredient Safety Information Submission Platform”.

When registering or notifying a cosmetic product, the cosmetic registrant, notifier, and domestic responsible person can submit the ingredient safety information documents issued by the ingredient manufacturer, or fill in the ingredient submission code generated by the Cosmetics Ingredient Safety Information Submission Platform. [ChemLinked News]

16. Guangdong and Beijing Regulatory Authorities Publish Frequently Asked Questions Regarding New Cosmetic Regulations

In December 2021, Guangzhou Administration for Market Regulation, Beijing Municipal and Guangdong MPAs issued seven batches of frequently asked questions, which pertain to the registration and notification of cosmetics and new cosmetic ingredients under China’s new cosmetic regulations. [ChemLinked News]

17. Tmall Updates the Requirements for the Display of Cosmetics Label Information

Tmall released a Notice on Updates to Requirements for the Display of Cosmetics Label Information. According to the notice, e-commerce operators in Tmall should

• Display the picture of the labels on the front and back display panel of the cosmetics on the product main page or product details page;

• For product set, display the pictures of the labels on the front and back display panel of all cosmetic products sold in the set;

• When releasing cosmetic products, operators should truthfully fill in the "registrant/notifier’s name," "registrant/notifier’s address," "manufacturer’s name," "product executive standard number," etc., based on the actual situation. [Reference Link]

18. China Issues 8 Group Standards in December

China issued eight group standards in December. Four have come into effect, and four are still drafts.