This article is from WeChat official account:Glaucoma (ID: qingyanwh), author: peanuts, head Figure from: vision China

Yesterday (September 21), the official website of the State Drug Administration issued “Regarding the public solicitation of the “Administrative Measures for Cosmetic Labels (Draft for Soliciting Comments)” Letter of Opinion”, as the “Regulations on Supervision and Administration of Cosmetics” (below The new regulations) is another supporting management method, “Cosmetics Label Management Measures(Draft for Solicitation of Comments)(hereinafter referred to as the method) also made its first public appearance.

From the official website of the State Drug Administration

Since the promulgation of the new regulations, this has followed the “Administrative Measures for Cosmetics Registration (draft for comments)” “Administrative Measures for the Supervision and Administration of Cosmetics Production and Operation (Draft for Solicitation of Comments)” “Regulations for Cosmetics Registration and Filing Data(Draft for Soliciting Comments)” “Registration and Filing of New Cosmetic Ingredients” (Draft for Soliciting Comments) “And “Guidelines for the Evaluation of Cosmetic Efficacy Claims (Draft for Solicitation of Comments)” and the sixth part of the supporting industry standard management measures.

A total of 34 provisions of the Measures set forth the purpose and scope of application of the legislation, define cosmetic labels, clarify the principles and requirements of cosmetic label management, and the main responsibilities of cosmetic registrants and filing parties for cosmetic labels, and stipulate cosmetic labels What should be marked and the specific requirements for marking each content. Many people in the industry have told Qingyan that the release of the method will be a “troublesome matter” for many cosmetics companies. With the implementation of the new regulations, it will be a major rectification for the industry.

Minor ingredients ≤0.1% need additional labeling

It is reported that the Measures stipulate 10 mandatory labeling content, including: (1) the product name, special cosmetics registration certificate number; (2) the name and address of the registrant or filing person, and the registrant or filing person is an overseas enterprise, The name and address of the responsible person in the country should be marked at the same time; (3) The name and address of the manufacturing company, and domestic cosmetics should be marked with the production license number of the manufacturer at the same time; (4) The standard number of the product implementation; (5) All ingredients; (6) ) Net content; (7) Use period; (8) Usage method; (9) Safety warning language; (10) Other content that should be marked in laws, administrative regulations and mandatory national standards.

In addition, the Measures require that for cosmetics with packaging boxes, the contents of “product name” and “use period” should also be marked on the product packaging container that directly contacts the contents. An industry regulatory engineer told Qingyan, “There was no clear requirement before. If consumers throw away the outer box packaging, it is very likely that the shelf life will be forgotten after use.”

And the most noteworthy is the requirement for cosmeticsCarry out full ingredient labeling. The method mentions that cosmetic labels should indicate the names of all cosmetic ingredients, use “ingredients” as a guide, and list them in descending order of formula content. If there are no more than 0.1% (w/w) ingredients in the cosmetic formula, all no more than 0.1%(w/w) should be marked separately with “other trace ingredients” as a guide, and may not be listed in descending order of formula content. If the formula is reported in the form of compound or mixed raw materials, the content of each ingredient in the formula shall be used as the basis for judging whether it is a trace ingredient.

It is reported that the previous requirement for labeling of ingredients was based on the principle of “>1% in descending order, ≤1% can be arranged out of order”. Now according to the method, in addition to requiring all ingredients to be labeled and arranged, it is also required to Ingredients with a content of ≤0.1% are additionally labeled with trace ingredients. “Consumers can clearly see what low-content ingredients are. This is undoubtedly a major blow to the conceptual addition in the industry.” The above-mentioned legal person said.

In addition, the method also requires that if the efficacy of the raw material is declared in the cosmetics label, it should be consistent with the purpose of use of the raw material in the product formula, and the amount of the raw material added in the product formula should not be less than that to make the product achieve the declared efficacy Effective amount. Two-pronged approach, which also means that conceptually added cosmetics will have nowhere to hide.

Stricter: implement dynamic management of prohibited words

In addition to precise strikes on “conceptual additions,” there are many very strict management measures in the measures.

First, standardize the label management of imported cosmetics. The State Food and Drug Administration mentioned in the drafting instructions of the Measures that my country’s current form of Chinese labeling has many shortcomings: First, the original packaging label content of some imported products is inconsistent with my country’s current laws and regulations, which in fact affects domestic products. The second is that the Chinese labels attached are easy to fall off, and it is also convenient for some illegal enterprises to modify the label content without authorization through repeated attachments. Therefore, the Measures set a principled requirement on the labeling of imported cosmetics, stipulating that if a Chinese label is added, the content of the relevant product safety and efficacy claims should correspond to the relevant content of the original label.

Secondly, increase the crackdown on illegal claims. It is forbidden to mark or declare that “the use of trademarks, font size, color difference, homophonic or suggestive text,Graphics and symbols mislead consumers; express or imply through product properties, appearance, etc., misleading consumers to easily confuse cosmetics with food, medicines, etc.; use patterns, homophony, font color size and other forms to imply product medical effects or products Unavailable effects; 11 items such as the use of labels and rewards that have not been recognized by the drug regulatory authority or certification and accreditation authority of the State Council for cosmetic safety and efficacy related claims and terms.

In addition, the Measures strictly and specifically verify and deal with cosmetics labels that use “joint research and development”, “producer”, and “supervisor” as the guiding language to indicate the name of other companies or institutions.

It is worth noting that the Measures also propose to implement dynamic management of banned words declared by cosmetics. The State Council’s drug regulatory authority will make real-time adjustments to banned words declared on cosmetics labels based on the actual cosmetics supervision work.

At the same time, the State Food and Drug Administration mentioned in the drafting instructions of the Measures that the next step is to sort out the common illegal and illegal claims found in the previous administrative licensing and market supervision, combined with the original National Bureau’s “Nomenclature for Cosmetics”. Regulations and Naming Guidelines” and other regulations, synchronously establish a banned corpus of cosmetics and implement dynamic supplement management on it, effectively avoid the phenomenon that new banned words cannot be timely and effectively supervised due to the long period of regulatory revision occur.

More flexible: allow electronic labeling and use innovative language

On the basis of strict management, the Measures also make innovative adjustments to existing regulations.

It is reported that the method has integrated and summarized the contents that should be marked on cosmetics labels. Products that fail to pass the quality inspection of domestic cosmetics shall not be allowed to leave the factory in accordance with the regulations. The actual meaning of the words “qualified” shall be added to the packaging that has been delivered and put on the market. It is not too large, but it increases the difficulty of labeling cosmetic packaging with a relatively small area. Therefore, the current “Administrative Regulations on Cosmetics Labeling” (No. Order No. 100) stipulates that the “product quality inspection certificate” and “the cosmetics label shall be marked with the production license mark”.

In order to meet the needs of specific markets and the restriction of content content, the size of small cosmetic packages cannot meet the label content of all labels. Therefore, the method has clearly refined the label content of small packages, Accept other information that should be marked in the manual or electronic label.

Specifically, if an electronic label is used for labeling, the word “electronic label” should be marked below it to distinguish it and it can be identified by scanning codes on conventional devices such as smart phones. The introduction of electronic labels solves the problem of difficulty in labeling small-size packages and encourages enterprises to continue to innovate.

In addition, the State Food and Drug Administration mentioned in the drafting instructions of the Measures that from the perspective of industrial characteristics, cosmetics are not only the result of scientific research and development, but also have the characteristics of fashion and fashion. While preventing misleading consumption through exaggerated false claims, cosmetics should be allowed to make claims consistent with the fashionable and romantic characteristics of the product.

Therefore, the method clarifies that innovative terms that have not been widely used in the industry can be used in cosmetics labels, so as to avoid excessive governance and inhibit industrial innovation. But at the same time, in order for consumers to have a clearer understanding of the actual meaning of “innovative terms”, the method requires that the specific meaning of the innovative terms be explained in adjacent locations.

In summary, the method is more stringent on the basis of the original existing regulations, but it also reflects the characteristics of cosmetics supervision following the progress of the times and being more flexible. But obviously, the behavior of exploiting loopholes like conceptual addition will undoubtedly come to an end with the gradual improvement of regulations.

This article is from WeChat official account:Glaucoma (ID: qingyanwh), author: peanuts