On January 31, the Ministry of Food and Drug Safety (MFDS) announced a legislative proposal for amendments to the Enforcement Rule of the Cosmetics Act1, to strengthen the labeling requirements to ensure consumer’s safety of using special cosmetics. On the same day, the draft of Regulation of Labelling Cosmetics Precautions for Use and Fragrance Allergens2 is also published with corresponding modifications.
1. Key amendments proposed in the Enforcement Rule of the Cosmetics Act
(1) Intensification of cosmetic labeling standards
Currently, for small-volume cosmetics with insufficient labeling space on the container, enterprises can only indicate the essential information such as product name, business name, and expiry date. However, for special cosmetics such as "external genital cleansers" and "eyelash perm wave products", MFDS deemed it necessary to disclose information about ingredient list and precautions to ensure the safety use of these cosmetics. Therefore, the draft proposes mandating the ingredients list and precautions for "external genital cleansers" and "eyelash perm wave products," regardless of the product volume.
(2) Utilization of certification results from private institutions in cosmetic advertising
At present, only certification results from institutions delegated by the MFDS can be used in cosmetic advertisements. To utilize resources from wider parties, the certification results provided by private institutions will be allowed for advertising once the act is implemented.
(3) Optimization of administrative measures
The draft proposes a procedure to directly report resignation to the competent local food and drug administration when a responsible sales manager or custom cosmetic manufacturing manager intends to quit his/her job. This will also enable smooth registration of the responsible sales manager when he/she works in a new company.
Additionally, the responsible government official will be authorized to directly verify the necessary family relationship documents for business inheritance in the business’ administrative information and changes in its cosmetic businesses.
2. Amendments proposed to the Regulation of Labelling Cosmetics Precautions for Use and Fragrance Allergens
Amendments related to the "external genital cleansers" and "eyelash perm wave products" are proposed following the amendments to the Enforcement Rule of the Cosmetics Act1. The "eyelash perm wave product" has been newly added to "1. Types of Cosmetics" in Appendix 1. The precautionary information for the use of "eyelash perm wave products" has been included in "2. Precautions when using" section.
In addition, the proposed amendments related to eyelash perm products can support the authority's plan to manage "eyelash perm products" as cosmetics starting in 20233.
The consultation periods for the Enforcement Rule of the Cosmetics Act1 and theRegulation of Labelling Cosmetics Precautions for Use and Fragrance Allergens2 are scheduled to end on March 12, 2024, and February 21, 2024, respectively. MFDS expects these amendments to enhance cosmetic safety and promote the development of the South Korean domestic cosmetic certification industry.
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