A new Cosmetic Supervision and Administration Regulation was published earlier this month in China. The new regulations will be effective from 1st Jan 2021.

Below are a few key takeaways of the new regulation:

1. Cosmetics would be divided into Special cosmetics (特殊化妆品), and Ordinary cosmetics (普通化妆品). Special cosmetics includes the cosmetics used for hair coloring, perming, freckle and whitening, sun protection, anti-hair loss, and cosmetics that impart new effects. Special cosmetics need to be registered. Ordinary cosmetics only need to be put on record. Domestic ordinary cosmetics can be entered in the records with the Provincial Medical Products Administration, while Imported Ordinary Cosmetics must be filed with the National Medical Products Administration

2. New non-special function ingredient (非特殊功能新原料) would not need to be registered to launch in the market as long as it is filed with the administration. Encouraging production innovation in the market.

3. Any scientific claims would require published research and data evidence, which should also be published on the official websites approved by the administration.

4. Imported cosmetic products would require certification documents to show their origin during the registration and filing process in China.

5. Salons and hotels that provide consumers with cosmetics products would also be considered as "cosmetic business operators".

6. It is forbidden to label content that expresses or implies a medical effect, including content that 1) explicitly or implicitly has a medical effect; 2) content that is false or misleading; 3) content that violates the public order; and 4) other claims that are prohibited by laws and administrative regulations.

7. Haircare, hair removal, breast care, bodybuilding, deodorant type of products will be banned from production, import, and sale in China after the 5-years transitional period.

8. Significantly increase the penalty amount. The new regulation will change how the fine is being calculated - changed from using the "illegal profile" value to the "value of goods." The maximum penalty would be increased by 30 times.

Source: http://www.gov.cn/zhengce/content/2020-06/29/content_5522593.htm

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