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CFDA Consults Public Comments on the Measures on the Management of Cosmetics Labeling

Original Article from CIRS

CFDA issued a draft version of Measures on the Management of Cosmetics Labeling on 15th Nov. 2014 and now is consulting public comments. This is another great action took by CFDA after the draft version of Regulations Concerning the Hygiene Supervision of Cosmetics issued on 8th Nov. 2014. The MEASURES will be effective on 1st Jul. 2015. The old legal package of cosmetic products already on the market can be used until the 30th Jun. 2016.

Background

According to the Chinese Product Quality Law and Regulations Concerning the Hygiene Supervision of Cosmetics, CFDA integrated the labeling requirements of Provisions on the Management of Cosmetics Identification (Decree No. 100), GB 5296.3-2008 and Guidelines on the Provisions of Cosmetics Nomenclature (GUIDELIENSE) and issued the Measures on the Management of Cosmetics Labeling. Moreover, the MEASURES will replace the Decree No.100 and GUIDELINES. The items included in GB 5296.3-2008 will be still valid if they are not conflicting with the articles shown on MEASURES.

The MEASURES contains 34 clauses and a list of forbidden words for claiming.

Comparison

Compared with GB5296.3-2008 and Decree No.100, the main changes could be found as follows:

Item

MEASURES

GB5296.3

Decree No.100

i. Definition of cosmetics

n/a

Products which can be spread on the outer surface of human body((e.g. skin, hairs, nails. lips etc),  for the purpose of cleaning, perfuming, changing appearance, deodorizing, protecting, and keeping in good condition by way of smearing, spraying or other similar means.

Products which can be spread on the outer surface of human body(e.g. skin, hairs, nails. Lips and teeth etc) for the purpose of cleaning, protecting, beautifying, decorating, changing appearance, deodorizing and keeping in good condition by way of smearing, spraying or other similar means.

ii. Supervision body

CFDA

n/a

AQSIQ

iii. Labeling info available for public

Available

n/a

n/a

iv. Innovative claiming

Clarification of the meaning

n/a

n/a

v. Labeling language

- All content should be in Chinese except trademark, overseas company address and conventional glossary.
- For domestic cosmetics, all or parts of content can be translated into other languages.

n/a

n/a

vi. Labeling of manufacturer

- Name and address of manufacturer;
- For contract manufacture,both the name and address of contract plant* and entrusting party needed;
- Name and address of Chinese responsible agent for imported cosmetics.

- Name and address of manufacturer is not mandatory for imported cosmetics but country of origin and name and address of importer, distributor or agent needed.
- Both company info of contract plant and entrusting party required for domestic cosmetics.

Name of contract plant has to be labeled when entrusting party does not have the production license.

vii. Efficacy claiming

Described as “The efficacy has not been evaluated” if there is no sufficient testing or evaluation data.

n/a

n/a

viii. Warning words

Requested for specific ingredients, group, nail polish, acrylic remover, nail hardener and other cosmetics easy to flame

Available if needed

Requested for products used in children, easy to damage, or to endanger human health and safety  as result of inappropriate storage or use

ix. Change of label

Updated label should be uploaded to the designated online system

n/a

n/a

x. Labeling content

Product name, name and address of manufacturer, country(region) of origin, numbers of sanitary license and product standard, approval or record-keeping number of cosmetics, full ingredient list, net weight and shelf life

Product name, name and address of manufacturer, country(region) of origin, numbers of production license, sanitary license and product standard, approval or record-keeping number of cosmetics, full ingredient list, net weight and shelf life

Product name, name and address of manufacturer, country(region) of origin, numbers of production license and product standard, mark of production license, approval or record-keeping number of cosmetics, full ingredient list, net weight and shelf life

* refer to the manufacturer involving in the last step of production by contacting the content.

Compared with the Guidelines on the Provisions of Cosmetics Nomenclature (GUIDELINES), CFDA added more banned words, such as gene, factor, stem cells, interferon, blood capillary, anti-redness, dark circles, cosmeceuticals. Moreover, the following words could be indicated on the label based on sufficient documentary evidences can be provided.

  • Sensitivity
  • Nanometre
  • Free of additives
  • Pure natura
  • Pure plant
  • Organic

CIRS’ Comments

  • “QS” remark and number are not needed to label for domestic cosmetics.
  • The record-keeping number should be labeled for domestic cosmetics.
  • The labeling requirements are identical for both imported and domestic cosmetics. So it is not allowed to modify or supplement the printing errors by the way of affixing, cutting and obliterating.
  • CFDA will not designate the lab for the efficacy test.
  • CFDA standardizes the labeling requirements of manufacturer information. Additionally, the name and address of Chinese responsible agent should be labeled for imported cosmetics
  • CFDA will continue to update the list of forbidden words

In summary, it will be easier for government to supervise both domestic and imported cosmetics sold in Chinese market according to the uniform regulatory document. The Chinese responsible agent especially for consulting firm will meet big challenges next year because the AGENT is not only responsible for the license application but also the safety of those imported cosmetics.

Source:

http://www.sda.gov.cn/WS01/CL0781/109234.html

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