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Monthly Recap: Asia-Pacific Cosmetic Regulatory Updates | September 2020

Chinese Mainland


1. Regulations

Draft Guidelines for Cosmetic Efficacy Claim Evaluation Unveiled (CL News)

On September 1, China National Institutes for Food and Drug Control (NIFDC) released the draft Guidelines for Cosmetic Efficacy Claim Evaluation for public consultation. Cosmetic efficacy claims can be evaluated through four evaluation principles: human trials, consumer tests, laboratory tests, and document literature. The Guidelines also clarify the evaluation exemption, accepted evaluation methods and institutions, obligations of institutions and registrants/notifiers, necessary content in the evaluation report, etc.

China Opens Safety and Technical Standard for Cosmetics 2015 to Public Comment and Revision

To reinforce cosmetic safety surveillance, China NIFDC decided to revise Safety and Technical Standard for Cosmetics 2015 (STSC), which is now open for public consultation. The revision scope is the testing method in STSC. Any suggestions can be mailed to ChemLinked before Oct.13, 2020. (Reference Link)

China Consults on the Draft Administrative Measures on Cosmetics Labeling (CL News)

On September 21, China National Medical Products Administration (NMPA) released the draft Administrative Measures on Cosmetics Labeling for public consultation. The draft refines the labeling requirements, specifies 13 kinds of prohibited claims, and implements dynamic management on them. The packaging requirements for imported cosmetics become more stringent. The contents related to product safety and efficacy on Chinese stickers must be consistent with the contents on the original labels.

China Clarifies the Requirements for Cosmetics GMP (CL News)

On September 28, China NMPA released the draft Good Manufacturing Practices (GMP) for Cosmetics for public consultation. A cosmetics production quality management system will be established to realize the control and traceability of the entire process of cosmetics material procurement, production, inspection, storage, sales, and recall. And under the premise of ensuring product quality and safety, the enterprise can adopt technical schemes equivalent to the Practices' requirements and keep the necessary verification documents and records. Any suggestions can be mailed to ChemLinked before October 14, 2020.

China to Implement a Cosmetic Sampling Inspection Scheme (CL News)

On September 28, China NMPA released the Standards for the Management of Cosmetic Sampling Inspection for public consultation. Local MPAs will organize the regular or occasional sampling inspection on cosmetics. Cosmetic manufacturers, operators, domestic registrants/notifiers, domestic responsible persons, and e-commerce platform operators are required to fully cooperate in the sampling inspection and fulfill their obligations. Any suggestions can be mailed to ChemLinked before October 14, 2020.

Draft Regulations on Cosmetic Adverse Reaction Monitoring Unveiled (CL News)

On September 28, China NMPA released the draft Measures for the Management of Cosmetic Adverse Reaction Monitoring for public consultation. Cosmetic enterprises will take on more responsibilities for cosmetic adverse reactions monitoring and management to promote increased industry self-regulation and enhanced product post-market surveillance. Any suggestions can be mailed to ChemLinked before October 14, 2020.

2. Non-compliant Products

NMPA: 20 Batches of Cosmetics Failed Inspections in September

On September 10, China NMPA issued 3 announcements, detailing non-compliant cosmetics information in September. A total of 20 batches of cosmetics were found unqualified. Hair dyes accounted for the majority of inspection failures. Reasons for inspection failures mainly included the use of banned ingredients, unqualified labels, counterfeit products, and excessive bacterial counts. (Reference Link)

GAC: 4 Batches of Cosmetics were Rejected in August

On September 16, China General Administration of Customs (GAC) gave an update on rejected food and cosmetics. A total of 4 batches of cosmetics imported from 3 countries/regions (Czech Republic, Chinese Taipei, and Japan) failed customs inspection at Chinese ports in August. Reasons for rejections were unqualified labels, expired products, and excessive bacterial counts. (Reference Link)

Guangdong: 8 Batches of Cosmetics Failed Inspections due to Inconsistencies between Ingredients and Labels

On September 16, Guangdong MPA issued an announcement, detailing non-compliant cosmetics information in September. A total of 8 batches were found unqualified. Anti-dandruff shampoo accounted for the majority of inspection failures. Reasons for inspection failures mainly included inconsistencies between ingredients, labels and administrative license, and excessive bacterial counts. (Reference Link)

Shanghai: 7 Batches of Cosmetics Failed Inspections due to Excessive Packaging

On September 22, Shanghai Administration for Market Regulation randomly inspected the packaging interspace ratio and package layers of 10 batches of cosmetics sold on the e-commerce platform and found that 7 batches were over-packaged products, a failure rate as high as 70%. The reason for inspection failures was excessive interspace ratio. According to GB 23350-2009 Requirements of Restricting Excessive Package-Foods and Cosmetics, the cosmetic interspace ratio shall be less than 50%, and the number of package layers shall be less than 3. Except for the primary packaging, the sum of packaging costs shall not exceed 20% of the goods' sales price. (Reference Link)

15996163996961012.pngSource: China Cosmetics

China to Launch a Special Inspection Campaign on Cosmetic E-commerce Operators

On September 28, China NMPA announced the launch of a special inspection campaign nationwide from Oct. to Dec. 2020, mainly targeting cosmetic e-commerce operators. Cosmetic e-commerce operators shall conduct a self-inspection of business activities, clean up illegal cosmetics, establish and implement a purchase inspection and recording system, store and transport cosmetics as required on labels. (Reference Link)

3. Tmall Global

Tmall Global Releases Quality Management Standards for CBEC Products Including Cosmetics (CL News)

On September 4, Tmall Global unveiled its quality management standards for CBEC products. The standards cover 9 categories and over 50 sub-categories. Products on sale need to undergo a comprehensive warehouse inspection and product quality inspection. New entrants are required to be tested and meet country-specific standards. The current quality inspection focuses on cosmetics, mother and baby products, health products, and pet products.

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Tmall Global Releases a Prohibited and Restricted Ingredients Standard for CBEC Cosmetics (CL News)

On September 10, Tmall Global raised compliance standards for the cosmetics on its platform. CBEC imported cosmetics sold on Tmall Global shall comply with a prohibited and restricted ingredients standard. The standard took effect on September 17, 2020. If Tmall Global finds or detects the illegal addition of those ingredients in the products, it will punish the merchants depending on the circumstances' seriousness.

Tmall Global Accelerates to Introduce Overseas Brands into China (CL News)

On September 23, Tmall Global released its “Service Partner” plan as part of Alibaba’s “Five Year $200 Billion" import plan. In the next half year, Tmall Global will cooperate with 100 services companies to introduce 1,000 overseas brands into China. The planned services include simple entry and review process, C2M customized services, and live streaming services. The time for the brand opening a Tmall store will be shortened from 30 days to 15 days.

Chinese Taipei

Taiwan to Implement a New List of Legal Colorants in Cosmetics (CL News)

On September 29, 2020, Taiwan Food and Drug Administration (TFDA) released a revised version of Legal Colorants in Cosmetics regulating the permitted colorants in cosmetics and their application scope and restrictions. This new version is scheduled to enter into force on July 1, 2021. For license holders of specific purpose cosmetics not complying with this new version, they shall complete the modification before June 30, 2021.pexels-photo-4620873.jpeg

South Korea

South Korea Revises the Regulation on Operating Custom Cosmetics Compounding Manager Qualification Test

On September 1, 2020, MFDS implemented the Regulation on Operating Custom Cosmetics Compounding Manager Qualification Test. The latest version stipulated the business scope of the commissioning service provided by the test operating institutions, the procedure of establishing and publishing the testing plan, and the requirements of issuing the certificate, etc.

South Korea Implements the Regulations on the Demonstration of Labeling and Advertisement for Cosmetic Products

On August 7, 2020, MFDS unveiled the exposure draft on the Regulations on the Demonstration of Labeling and Advertisement for Cosmetic Products for public opinion. This draft requires enterprises to record the treatment and compensation for adverse reactions occurred on the volunteers involved in the cosmetic test for human applications. On September 4, 2020, MFDS implemented the relevant amendments officially. (Reference Link)

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South Korea Consults on the Enforcement Rule of Cosmetic Act (CL News)

South Korea unveiled the exposure draft of Enforcement Rule of Cosmetic Act to solicit public opinions on September 10, 2020. According to the draft, the custom cosmetics compounding manager is expected to serve as the responsible sales manager under certain conditions., The responsible sales manager should be able to finish the mandatory education courses in six months. Stakeholders can send their suggestions to fastests@korea.kr prior to October 21, 2020.

South Korea Consults on Revising the Recycling Symbols on Cosmetics Packing Materials (CL News)

MOE (Ministry of Environment) released the exposure draft of Standards of Labeling Quality and Structure of Packaging Material Grade and Recycling Symbols to optimize the requirements on recycling symbols on September 10, 2020. The draft proposed to add the packing material recycling methods, such as “rinse out before recycling,” “remove the labels," etc. along with the recycling symbols. In addition, the recycling symbol size is expected to be enlarged from 8mm to 12mm. Suggestions can be sent to MOE prior to September 30.

Japan

MHLW Clarifies the Categorization of Nail Polishes

In response to an inquiry about the categorization of nail polish products such as base gel, color gel, top gel, etc., MHLW issued a notice on September 4. 2020, clarifying that nail products could be considered cosmetics only if it directly apply to the human nails. The products that spread on the nail base gel rather than directly contacting human nails shall not be supervised as cosmetics. Stakeholders of such products shall make modifications to the product label. (Reference Link)

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Malaysia

Malaysia to Implement Halal Certification Procedure Manual and Halal Management System 2020

On September 28, Malaysia released the second Circular related to Halal Certification in 2020. Malaysian Halal Certification Procedure Manual 2020, Malaysia Halal Management System 2020, and Malaysian Standard 2019 will be implemented on January 1, 2021. These three documents are the main reference for Malaysian halal certification, which contain halal certification procedures, internal halal control requirements, and halal standards. (Reference Link)

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Australia

Australia Updates the FAQs on Categorization of Chemicals in Flavor and Fragrance Blends

On September 11, Australia AICIS added new scenarios in the FAQ section of the page on categorization of chemicals in flavor and fragrance blends to help enterprises understand the compliance requirements regarding pre-introduction reports. (Reference Link)


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