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Unnotified Chinese-brand Cosmetics Sold Online Sealed by the Philippine FDA

Recently, a line of Chinese brand cosmetics sold online are seal by the Philippine FDA for the lack of proper authorization. With unsound regulations and scrutinize, the cosmetic online market may seem a blank area for law implementation. However, online sold cosmetics shall still be aligned to the local regulation. Through its post-marketing surveillance activities, the Philippine FDA found that several online shopping websites are selling or offering for sale a line of unnotified cosmetics of a brand based on the Chinese province of Guangdong. Cosmetics of this brand found in the Philippine market are currently sealed by the FDA Field Regulatory Office (FROO), which is responsible for monitoring the market for the manufacture, importation, exportation, distribution, sale, offer for sale, transportation, promotion and/or advertisement of the abovementioned cosmetic products. Citizens are advised against purchasing and using those cosmetics for safety’s concern. The FDA then a

Recently, a line of Chinese brand cosmetics sold online are seal by the Philippine FDA for the lack of proper authorization.

With unsound regulations and scrutinize, the cosmetic online market may seem a blank area for law implementation. However, online sold cosmetics shall still be aligned to the local regulation.

Through its post-marketing surveillance activities, the Philippine FDA found that several online shopping websites are selling or offering for sale a line of unnotified cosmetics of a brand based on the Chinese province of Guangdong. Cosmetics of this brand found in the Philippine market are currently sealed by the FDA Field Regulatory Office (FROO), which is responsible for monitoring the market for the manufacture, importation, exportation, distribution, sale, offer for sale, transportation, promotion and/or advertisement of the abovementioned cosmetic products. Citizens are advised against purchasing and using those cosmetics for safety’s concern.

The FDA then announced the FDA Advisory No. 2016-035 for Unnotified Cosmetic Products Being Sold over the Internet. By using the word Unnotified, it means that those cosmetics are being sold without proper market authorization from the Philippine FDA. Thus, though those sealed cosmetics may have already been proved safe and marketed in China and some other countries, they are still not allowed in the Philippine market.

As an ASEAN country, Philippine cosmetic regulations are aligned with ASEAN Cosmetic Directive (ACD), which specifies that “The company or person responsible for placing the cosmetic products in the market shall notify the regulatory authority responsible for cosmetics (hereafter referred to as regulatory authority) of each Member State where the product will be marketed, of the place of the manufacture, or of initial importation before the product is placed in the market”

However, before entering the Philippine market, manufacturers and importers are required by the Philippine FDA to acquire a License to Operate (LTO) pursuant to Republic Act No. 9711, also known as “Food and Drug Administration (FDA) Act of 2009”. Without such notifications and LTOs, the cosmetics sold in market shall subject to sealing and the manufacturers and importers to punishments pursuant to the Act.

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