[Updated] South Korea Modifies the Cosmetic Labeling Requirements

This article was originally published on January 31 and got updated on July 9, 2024. The modifications are as marked in red. 

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. 

Updates on July 9, 2024

MFDS promulgated the Enforcement Rule of the Cosmetics Act on July 9, 2024. This regulation came into effect along with its issuance. Nevertheless, the modifications related to the labeling requirements for small-volume cosmetics will be effective one year later. 

In addition, with this revision of allowing using the certification results provided by private institutions, the subordinate regulation Regulation on the Authentication of Liability of Certification Assurance Institutions for Cosmetic Labelling and Advertisements is abolished on July 9, 2024. 

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 the Regulation 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.