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

Chinese Mainland

1. Regulations/Standards

China Implements 2 Industry Standards of Quality Control Requirements and Testing Methods of Cosmetics Package

On Feb. 1, China implemented 2 industry standards of Quality Control Requirements and Testing Methods of Cosmetics Package. The 2 standards stipulate the terms, definitions, technical requirements, and testing methods of the quality control of cosmetic package printed on paper materials or paper composite materials and the quality control of plastic tube packaging during the printing process. (Reference Link)

China Introduces Transitional Processing Measures on Existing Applications of the Previous 5 Special Cosmetics

On Feb. 3, China introduced transitional processing measures on the previous 5 special cosmetics' existing registration applications, which were hair growth products, depilating products, breast beauty products, slimming products, and deodorants.

Applicants of depilating products, breast beauty products, slimming products, and deodorants must apply for the return of application dossiers before Mar. 31, 2021;
Applicants of hair growth products are required to confirm the product category and adjust the application according to the current regulations;
The applications for re-issuance, correction, and modification of registration licenses for these 5 products will continue to be reviewed and approved. (ChemLinked News)

Guangdong Chamber of Daily Used Chemicals Consults on 4 Group Standards

On Feb. 7, Guangdong Chamber of Daily Used Chemicals issued an announcement consulting on 4 Group Standards, which were Evaluation Method for Anti-Wrinkle of Skincare Products, Method for Determination of Polyglycerol Esters by Fatty Acid Methyl Ester, Polyglyceryl-10 Laurate for Cosmetics, and Polyglyceryl-10 Myristate for Cosmetics. Any suggestions can be mailed to gdrihua@126.com before Mar. 8. (Reference Link)

China NMPA Clarifies 4 Key Tasks for Cosmetics Supervision in 2021

On Feb. 8, China held the 2021 National Cosmetics Supervision and Management Work Conference to summarize the cosmetics supervision work during the 13th Five-Year Plan, comprehensively analyze the situation after the CSAR implementation and the deployment of cosmetics supervision work during the 14th Five-Year Plan period. The key tasks for cosmetics supervision in 2021 include:

Fully implement CSAR and its subsidiary regulations;
Establish and complete technical support system;
Strengthen the key supervision work;
Improve cosmetics supervision capabilities. (Reference Link)

2021-national-cosmetics-supervision-and-management-work-conference.png Source: Beijing Daily Chemicals Association

Guangdong Implements Applicable Rules for Discretion to Impose Administrative Punishments

On Feb. 22, Guangdong MPA released and implemented Applicable Rules for Discretion to Impose Administrative Punishments, which refined and standardized the principles of administrative punishments for cosmetics, drugs, and medical devices, with a validity period of 5 years. When imposing administrative punishments on illegal cosmetics, drugs, and medical devices, Guangdong medical products administration departments may comprehensively consider the facts, nature, circumstances, harmful level, and social impact of the violations and determine the type and degree of punishments. The degree of punishment includes heavier punishment, general punishment, lighter punishment, mitigated punishment, and punishment exemption. (Reference Link)

2. Product Inspections

Beijing: 6 Batches of Cosmetics Failed Inspections due to Inconsistencies between Ingredients and Labels and Excessive Bacterial Counts

On Feb. 4, Beijing MPA released an announcement on the results of cosmetics sampling inspection in 2020. A total of 6 batches were found unqualified. Reasons for inspection failures mainly include inconsistencies between ingredients and labels and excessive bacterial counts. (Reference Link)

China NMPA Releases Information on Counterfeit Cosmetics Found in Sampling Inspections

On Feb. 4 and Feb. 20, NMPA released 2 announcements detailing counterfeit cosmetics information in sampling inspections. Hair dyes, anti-acne, and freckle-removing products accounted for the majority of counterfeit cosmetics. NMPA requires that these counterfeit cosmetics' sales should be stopped immediately, and the purchase channels should be thoroughly investigated. Cosmetic operators are urged to fulfill their obligations under CSAR, establish and implement a purchase inspection and recording system, and prohibit the operation of cosmetics without registration or notification. (Reference Link)

Supreme People's Procuratorate, SAMR, and NMPA Jointly Release 15 Typical Cases of Food and Drug Punishments

On Feb. 19, the Supreme People's Procuratorate, SAMR, and NMPA jointly released 15 typical cases of food and drug punishments, two of which involved cosmetics. The reasons for violations are operating cosmetics with fake factory names and addresses, publishing false advertisements, using prohibited ingredients, and manufacturing unregistered special cosmetics. (Reference Link)

Gansu: 1 Batch of Counterfeit Cosmetics was Found in Sampling Inspection

On Feb. 22, Gansu MPA released an announcement on the results of cosmetics sampling inspections in 2020. One batch of counterfeit cosmetics was found. Gansu MPA requires that these counterfeit cosmetics sales should be stopped immediately, and the purchase channels should be thoroughly investigated. (Reference Link)

GAC: 15 Batches of Cosmetics were Rejected in January

On Feb. 22, the China General Administration of Customs (GAC) gave an update on rejected food and cosmetics. A total of 15 batches of cosmetics imported from 4 countries (South Korea, France, Thailand, Israel) failed customs inspection at Chinese ports in January. Reasons for rejections were excessive bacterial counts and excessive arsenic, expired products, and failure of providing certificates. (Reference Link)

Guangzhou Customs Seized Cosmetics Containing Endangered Wild Animals Ingredients without Certificate

Recently, Guangzhou Huangpu Customs seized a batch of cosmetics containing "sturgeon caviar extract," an ingredient of endangered wild animals. Sturgeon has been listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The importer cannot provide a certificate of non-endangered species or a permit for the export of endangered species. The batch of cosmetics totaled 2,784 boxes and has been handed over to the follow-up department for disposal. (Reference Link)

guangzhou-customs-seized-cosmetics-containing-endangered-wild-animals-ingredients-without-certificate.png Source: Guangdong Cosmetics Quality Management Association

China Provincial MPAs Strengthen Children Cosmetics Supervision

At the end of February, medical products administration departments of Anhui, Shanxi, Jilin, Jiangxi, Sichuan, etc., issued the Special Inspection Work Plan for Children Cosmetics to carry out special rectification work. The rectification work focuses on investigating and punishing the production and operation of children cosmetics with illegally added hormones, anti-infective drugs, counterfeit cosmetics, cosmetics without registration or notification, cosmetics claiming "medicated cosmetics," "medical skincare products," and cosmetics manufactured without licenses. A detailed interpretation article will be released in the next few days. (Reference Link)

3. Tmall Global

Tmall Global Implements New Qualification Standards, Acceptance Standards, and Fee Standards for Merchants

On Feb. 18, Tmall Global implemented New Qualification Standards, Acceptance Standards, and Fee Standards for Merchants. New Standards lower the qualification threshold for overseas small and medium-sized beauty brands to enter Tmall Global and no longer require the beauty industry merchants to pay a deposit. Under the new Fee Standards, the cost of entering Tmall Global of beauty brands is from 50,000 to 300,000 yuan, which will greatly reduce beauty merchants' financial pressure. (ChemLinked News)

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South Korea

South Korea Releases the Cosmetic Policy Plan in 2021

MFDS introduced the 2021 policy plan for the cosmetic sector on Feb. 18. The authority mainly indicated the supervision scheme for cosmetic safety control, custom cosmetic, natural and organic cosmetic, functional cosmetic inspection, etc. (ChemLinked News)

South Korea Consults on the Packaging Material Requirements

On Feb. 24, MOE released two drafts about the packaging material requirements to solicit opinions. Suggestions are welcome prior to Mar. 10, 2021.

The draft of the Guideline on Recycling Symbols proposed to label "unable to recycle" on unrecyclable packaging materials. This is intended to guide the consumers to send out the wastes separately. Besides, the recycling symbols were re-designed.

The draft of the Standards of Labeling Quality and Structure of Packaging Material Grade proposed to exempt the enterprise with a recycling plan from labeling recyclability grade. The recycling rates of the relevant materials should remain 15% in 2023, 30% in 2025, and 70% in 2030 progressively. (ChemLinked News)

Australia

Australia Updates the AICIS Business Services Online Portal

To facilitate introducers to manage their regulatory obligations, AICIS announced to upgrade its business services online portal on Feb. 19. The updated business system will allow enterprises to download the submitted pre-introduction reports, view and track early variation applications, view and reply to the regulators' information requests, etc. The new features of the online portal have been enabled from Feb. 22. (Reference Link)