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

1) Cosmetics Supervision

China Punishes a Cosmetic Quality and Safety Director

In May 2021, Guangdong Medical Products Administration (MPA) disclosed a punishment on a cosmetic quality and safety director as he deliberately provided false sales prices and false recall documents to MPA. Different from the past, the punishment fell on an individual apart from the company. This is the first time that China has publicly imposed penalties on the quality and safety director of cosmetics company after the implementation of China's new overarching regulation-Cosmetic Supervision and Administration Regulation (CSAR). (ChemLinked News)

China Finalizes Requirements for Cosmetic Labeling

On June 3, 2021, China National Medical Products Administration (NMPA) released the finalized Administrative Measures on Cosmetics Labeling. The Measures spells out the requirements for the labeling and prohibited claims of cosmetics (including cosmetics provided to consumers in the form of trial, gift, and exchange) under China's new cosmetic regulations. The Measures is scheduled to come into force on May 1, 2022. Starting from the implementation date, all cosmetics to be registered or notified shall comply with the Measures. For cosmetics that have been registered or notified before June 3, 2021, but not complied with the Measures, the registrants or notifiers shall update the labels by May 1, 2023. (ChemLinked News)

Four Batches of Cosmetics were Rejected in May 2021

On June 17, 2021, the China General Administration of Customs announced the new rejected food and cosmetics in May. Four batches of perfumes imported from Turkey failed customs inspection in May forunqualified notification certificates. (Reference Link)

China NMPA Passes the Notification of Imported General Cosmetics Exemption from Animal Testing

On June 18, 2021, China NMPA disclosed the notification information of the first imported general cosmetics exemption from animal testing, which means this product is allowed to goes on sale. It is also the first imported general cosmetics that the notification information has been disclosed since the launch of the new registration and notification system. The basic information of this product is as follows:

(Reference Link)

China Consults on Supervision and Administration Provisions on Children Cosmetics

On June 18, 2021, China NMPA released the draft of Supervision and Administration Provisions on Children Cosmetics for public consultation. Any suggestions can be mailed to huazhuangpinchu@163.com before July 31, 2021. The new Provisions covers all aspects of children cosmetics supervision, including the definition, formula design principles, safety assessment, labeling, production and operation, registration and notification, as well as sampling inspection. Compared with the current guidance for children cosmetics, the new Provisions is stricter and more systematic. (ChemLinked News)

China NMPA Reaffirms Matters Related to the Notification Management of General Cosmetics

On June 25, 2021, China NMPA issued an announcement, reiterating matters related to the general cosmetics notification management, mainly the following three points:

• The notification of general cosmetics is deemed to be completed after the submission of required documents, which means the product can be sold on the market straight away;

• All provincial MPAs should strictly follow CSAR and must disclose relevant notification information to the public within five working days;

• During the post-notification surveillance, if the notifiers are found to submit false notification documents or documents that fail to  meet the requirements, or the notified cosmetics have violations of laws and regulations, they shall be severely punished in accordance with CSAR and other relevant regulations. (Reference Link)

China NMPA Announced the Second Batch of Key Research Projects

On June 28, 2021, China NMPA announced The Second Batch of Key Projects of China's Pharmaceutical Regulatory Scientific Action Plan, which involved two cosmetic projects, namely:

• Research on new cosmetic ingredient (NCI) technical guidelines and research on cosmetic safety monitoring and analysis early warning methods, including: NCI quality standard system development plans and quality standards, technical guidelines and review guidelines for NCI-used  innovative technologies, online screening platforms for cosmetic risk substances, and cosmetic adverse reactions judgment standards;

• Research on the safety and effectiveness evaluation of new biomaterials: a skin model based on Chinese human-derived cells and a whitening efficacy evaluation standard based on a melanin-containing skin model will be established. (Reference Link)

China NMPA Approves Two New Cosmetic Ingredients

On June 29, 2021, China NMPA approved two domestic NCIs. These are the first two NCIs for which the notification has been completed after the CSAR implementation. The basic information of the two NCIs is as follows:

Please refer to ChemLinked webinar for detailed interpretation of NCI notification requirements: Get Ready for China's New Cosmetic Ingredient Registration and Notification.

(Reference Link)

China NMPA Answers FAQs about Cosmetics Registration and Notification

On June 29, 2021, China NMPA issued an announcement, answering frequently asked questions about the cosmetics registration and notification, mainly related to the access to the new system account, the precautions for using the new system, and the precautions for the enterprise information management function and general cosmetics notification management function. (Reference Link)

2) National and Industry Standards

China Releases a National Standard Regarding the Determination of Plastic Microbeads in Cosmetics

On May 21, 2021, the Standardization Administration of China released GB/T 40146-2021 Determination of Plastic Microbead in Cosmetics, which will take effect on September 1, 2021. The standard stipulates the principles, reagents and materials, instruments and equipment, sample processing, spectrum testing, spectrum analysis and result report for the determination of plastic microbeads in cosmetics by fourier transform infrared spectroscopy and fourier transform microinfrared spectroscopy. The standard is applicable to the determination of plastic microbeads in cosmetics (except for makeup products). Other daily chemical products such as toothpaste, soap and laundry detergent can also refer to it. (ChemLinked News)

China Approves 11 National and Industry Standards Related to Cosmetics and Oral Care Products

On May 21, May 27, and May 31, 2021, China State Administration for Market Regulation, Standardization Administration, and Ministry of Industry and Information Technology issued three announcements, which approved 11 national standards and industry standards related to cosmetics and oral care products. And six cosmetic industry standards are scheduled to be formulated, as follows.

(Reference Link: SAMR & SA Notice; MIIT Notice I; MIIT Notice II)

China CAFFCI Approves Two Group Standards for Cosmetic Ingredients

On June 25, 2021, China Association of Fragrance, Flavour and Cosmetic Industries (CAFFCI) approved two group standards, which are T/CAFFCI 47-2021 Cosmetic Ingredients - Paeonia albiflora root extract and T/CAFFCI 48—2021 Cosmetic ingredients - Ginkgo biloba leaf extract. (Reference Link)

3) CBEC

Sichuan Regulates the Offline Display of Cross-border E-commerce (CBEC) Imported Goods

On June 8, 2021, the Sichuan Provincial Department of Commerce issued an announcement regulating offline display places for CBEC imported goods. The offline exhibition hall of CBEC imported goods needs to:

• Set up a special experience area and prompt signs. CBEC imported goods shall not be sold on-site or mixed with goods imported through general trade;

• Provide consumers with risk notifications in a prominent position in the experience area;

• CBEC imported goods are allowed to be displayed without Chinese labels. (Reference Link)

China to Expand CBEC Comprehensive Pilot Zone

On June 22, 2021, the State Council executive meeting clarified that:

1) The support policies for CBEC development should be improved by expanding CBEC comprehensive pilot zones, optimizing the CBEC positive list, facilitating CBEC import and export returns and exchanges, etc.

2) Actively promote the development of overseas warehouses. Encourage traditional foreign trade companies, CBEC platforms, and logistics companies to participate in the construction of overseas warehouses. (Reference Link)