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

Chinese Mainland

Two Cosmetic National Standards for Cosmetics Came into Effect on Oct. 1

On Oct. 1, 2021, two national standards for cosmetics came into effect. They are:

• GB/T 39927-2021 Determination of Prohibited Substances Veratrine in Cosmetics—High Performance Liquid Chromatography. This standard applies to the determination of veratridine in facial masks, creams, lotion, and water cosmetics. [Reference Link]

• GB/T 39946-2021 Determination of Prohibited Para Red in Lip Cosmetics—High Performance Liquid Chromatography. This standard applies to the determination of para red in lip cosmetics such as lipstick, lip balm, lip glaze, and lip gloss. [Reference Link]

Shanghai Society of Toxicology Consults on Five Group Standards

On Oct. 2, 2021, the Shanghai Society of Toxicology released five group standards for public consultation, among which the group standards related to cosmetics are:

• Guidelines for the Implementation of Standardized Alternative Methods of Animal Experiments;

• General Guidance on Cosmetic Sensory Analysis;

• Integrated Approaches for Testing and Assessment for Skin Corrosion and Irritation Based on Reconstructed Skin Model;

• Integrated Approaches for Testing and Assessment for Eye Irritation Based on BCOP and CAMVA Method.

Any suggestions can be mailed to shsot20@126.com before Nov. 5, 2021. [Reference Link]

China to Implement the First Children Cosmetics Regulation in 2022

On Oct. 8, 2021, China National Medical Products Administration (NMPA) promulgated the finalized version of Supervision and Administration Provisions on Children Cosmetics. The finalized Provisions includes 22 articles, clarifying children cosmetics’ scope, formula design principles, labeling requirements, registrant/notifier’s main responsibilities, post-market supervision requirements, etc. Except for labeling requirements, other requirements in the finalized Provisions will come into force on Jan. 1, 2022. As for labeling requirements, children cosmetics that apply for registration/notification after May 1, 2022, must be labeled in accordance with the finalized Provisions. For children cosmetics that have applied for registration/notification before May 1, 2022, the registrant/notifier shall update the product label before May 1, 2023. [ChemLinked News]

A ChemLinked webinar explaining China’s children cosmetics regulation will be held on Nov. 10.

Guangdong Chamber of Commerce of Daily Chemicals Consults on One Group Standard

On Oct. 8, 2021, Guangdong Chamber of Commerce of Daily Chemicals released one group standard for public consultation, Evaluation Method of Hair Products' Combability Efficacy. Any suggestions can be mailed to gdrihua@126.com before Nov. 7, 2021. [Reference Link]

China Launched a Yearlong Rectification to Crack Down on Three Types of Cosmetics

To rectify online cosmetic sales, strengthen the primary responsibility of cosmetic e-commerce operators, and standardize the online cosmetics market, China NMPA issued a notice on Oct. 11, 2021, to carry out a nationwide rectification campaign from Oct. 2021 to Oct. 2022. The key regulatory targets of the campaign are unregistered and unnotified cosmetics, cosmetics with illegal claims, and cosmetics with quality and safety risks. [ChemLinked News]

China to Adjust the Issuing Method of Trademark Registration Certificates in 2022

On Oct. 12, 2021, China National Intellectual Property Administration released an announcement to adjust the issuing method of trademark registration certificates. Starting from Jan. 1, 2022:

• If a trademark application is submitted in paper form, the "Notice of Obtaining Trademark Registration Certificate" will be sent to the applicant. The applicant can log in to the website of Trademark Office of China National Intellectual Property Administration to obtain the electronic trademark registration certificate according to the website address and code specified in the notice;

• If a trademark application is submitted electronically, the applicant can log in to the trademark online service system to obtain an electronic trademark registration certificate.

The electronic trademark registration certificate can be viewed, downloaded, and printed by the applicant. China National Intellectual Property Administration will no longer issue paper trademark registration certificates starting from Jan. 1, 2022. [Reference Link]

China NMPA Bans Cosmetics Claiming “Food-grade” or “Edible”

On Oct. 18, 2021, China NMPA issued an announcement clarifying that "food-grade cosmetics" and "edible cosmetics" are false and misleading claims, which violate cosmetic labeling regulations and should be banned. NMPA emphasized that cosmetics and food are two different types of products subject to different product standards, ingredient requirements, production conditions, etc. There is no “food-grade” or “edible” cosmetics. [Reference Link]

China NMPA Clarifies the Working Requirements for the Verification and Disposal of Unqualified Cosmetics Found in Sampling Inspections

On Oct. 22, 2021, China NMPA issued a notice to local medical product administration departments and National Institutes for Food and Drug Control, clarifying the work requirements for verification and disposal of unqualified cosmetics found in sampling inspections. Specifics are:

• Strengthening on-site investigation and evidence collection of unqualified cosmetics;

• Strengthening the traceability of unqualified cosmetics;

• Increasing the penalties for manufacturers and operators of unqualified cosmetics;

• Reporting verification and disposal information in a timely and standardized manner. [Reference Link]

China General Administration of Customs (GAC): 10 Batches of Cosmetics Rejected in September

On Oct. 27, 2021, China GAC gave an update on rejected food and cosmetics in September. A total of 10 batches of cosmetics imported from five countries (South Korea, Germany, Italy, the UK, and Switzerland) failed customs inspection. The reasons for rejections were 1) failing to provide certificates or compliant certification documents, 2) excessive mold and yeast counts, 3) unqualified labels, and 4) expired products. [Reference Link]

South Korea

South Korea Updates the Enforcement Rule of Cosmetic Act

On Oct. 15, 2021, the Ministry of Food and Drug Safety promulgated the modified Enforcement Rule of Cosmetic Act. The latest version specifies the requirements for temporarily operating the custom cosmetic business out of the registered business places. (Reference Link)

South Korea Publishes New Alternative Animal Testing Guideline

On Oct. 21, 2021, MFDS published the Guideline for Alternative Animal Testing Methods for Skin Sensitisation for Cosmetics (In chemico Amino Acid Derivative Reactivity Assay, ADRA) to help enterprises better understand the alternative animal testing method of skin sensitisation. It is applicable for cosmetic skin sensitisation test via in chemico amino acid derivative reactivity assay. This guideline includes test principles, considerations and limitations, test method, judgment standards, as well as result and report, etc. (Reference Link)

South Korea Updates the Guidelines for Testing Cosmetic’s Microbiological Limit

On Oct. 28, 2021, MFDS rolled out the revised Guidelines for Testing of Cosmetic Microbiological Limit. With an effort to enhance the microorganism control in mask pack and wet tissue, the new version adds the testing methods for the two categories. The preprocessing method, detailed testing method, and the matters should be paid attention to while conducting the test. (Reference Link)

Japan

On Sept. 30, 2021, Japan MHLW updated two positive lists, including "The Positive List of Additives in Hair Dyes" and "The Positive List of Additives in Permanent Wave." This move not only revised the product specification requirements but also relaxed the additive change application requirements. At present, there are 1,849 types of additives that can be used in hair dye products and 1,836 types of additives that can be used in permanent wave products. (Read more and download the two lists at ChemLinked News)

JCIA Updates the List of Cosmetic Ingredient Display Names

On Oct. 13, 2021, Japan Cosmetic Industry Association (JCIA) updated the list of cosmetic ingredient display names. Up to now, there are 15,068 ingredient names in the list. (Reference Link)

Japan Revises the Japanese Standards of Quasi-drug Ingredients 2021

On Oct. 18, 2021, Japan unveiled an errata for Japanese Standards of Quasi-drug Ingredients 2021, which includes 62 items, such as chemical formulas, test methods, ingredient names, etc. (Reference Link)

Indonesia

Indonesia Released Draft Amendment to Application of 2D Barcode in the Control of Drugs and Food

On Dec. 7, 2018, Indonesia implemented Application of 2D Barcode in the Control of Drugs and Food, stipulating that 2D barcode shall be labeled on cosmetics packaging. On Oct. 22, 2021, Indonesia released a draft amendment to Application of 2D Barcode in the Control of Drugs and Foodfor public consultation. The main amendments related to cosmetics are marked in red below:

1. For cosmetics, 2D barcode can be printed or affixed to the packaging in the form of a sticker with an ink color different from the base color.

Whether 2D barcode is printed or affixed, it is necessary to ensure that it does not easily come off or separate from the packaging and is not easily faded or damaged.

2. Business actors are required to include 2D barcode with a rectangular shape with a size of at least 0.6 x 0.6 cm.

3. Business actors are required to include the words “BPOM RI” on 2D barcode issued by BPOM on cosmetic packaging. (Reference Link)

Australia