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Announcement on the Implementation of the Measures for the Administration of Cosmetic Labeling

In order to strengthen the supervision and management of cosmetic labels, standardize the use of cosmetic labels, and protect the legitimate rights and interests of consumers, according to the Regulations on the Supervision and Administration of Cosmetics, the State Medical Device Administration has organized and drafted the Measures for the Administration of Cosmetic Labels (hereinafter referred to as the Measures), which are hereby promulgated. The relevant matters concerning the implementation of the Measures are hereby announced as follows:

Cosmetic registrants and filers are encouraged to mark cosmetics in accordance with the provisions of the Measures from the date of this announcement. From May 1 2022, cosmetics applying for registration or filing must comply with the provisions and requirements of the Measures; Cosmetics that have previously applied for registration or filing are not marked in accordance with the provisions of these measures. Cosmetic registrants and filers must complete the product label update before May 2023 1 to meet the provisions and requirements of the Measures.

It is hereby announced.

Annex: Measures for the Administration of Cosmetic Labels

Administration of medicine

202 1 may 3 1

attachment

Measures for the administration of cosmetics labels

Article 1 In order to strengthen the supervision and administration of cosmetics labels, standardize the use of cosmetics labels and protect the legitimate rights and interests of consumers, these Measures are formulated in accordance with the Regulations on the Supervision and Administration of Cosmetics and other relevant laws and regulations.

Article 2 These Measures shall apply to the label management of cosmetics produced and operated in People's Republic of China (PRC).

Article 3 Cosmetic labels as mentioned in these Measures refer to characters, symbols, numbers, patterns and other marks used to identify and explain the basic information, attributes, characteristics and safety warnings of products on the sales packaging of products and on the packaging containers, packages and instructions with identification information.

Article 4 Cosmetic registrants and filers shall be responsible for the legality, authenticity, completeness, accuracy and consistency of cosmetic labels.

Article 5 The minimum sales unit of cosmetics shall be marked. Labels shall meet the requirements of relevant laws, administrative regulations, departmental rules, mandatory national standards and technical specifications, and the contents of labels shall be legal, true, complete and accurate, and consistent with the relevant contents of product registration or filing.

Cosmetic labels should be clear, durable, easy to identify and read, and there should be no phenomena such as printing off and poor pasting.

Article 6 Cosmetics shall have Chinese labels. Chinese labels should use standardized Chinese characters, and if other characters or symbols are used, the corresponding descriptions of standardized Chinese characters should be used on the visible surface of product sales packaging, except for the websites, names and addresses of overseas enterprises and technical terms that must be used in other languages.

Where a Chinese label is affixed, the contents of the Chinese label on product safety and effectiveness shall be consistent with the original label.

Except for registered trademarks, the font size of other characters on the same visual surface of Chinese labels shall be less than or equal to the font size of the corresponding standardized Chinese characters.

Article 7 Chinese labels for cosmetics shall at least include the following contents:

(a) the Chinese name of the product and the registration number of special cosmetics;

(2) Names and addresses of registrants and filers; If the registrant or filer is an overseas enterprise, the name and address of the person in charge in China shall also be indicated;

(3) The name and address of the manufacturer, and the number of the domestic cosmetics production license shall be marked;

(four) the standard number of product execution;

(5) All components;

(6) net content;

(7) Term of use;

(8) Method of use;

(9) Necessary safety warning terms;

(ten) other contents that should be marked as stipulated by laws, administrative regulations and mandatory national standards.

For products with packaging boxes, the Chinese name and service life of the products should also be marked on the packaging container that directly contacts the contents.

Article 8 Chinese names of cosmetics generally consist of three parts: trademark name, generic name and attribute name. Conventional cosmetic names may omit generic names or attribute names, and trademark names, generic names and attribute names shall meet the following requirements:

(a) the use of trademark names shall comply with the provisions of the relevant laws and regulations of the state on trademarks and the laws and regulations of the state on the management of cosmetics. It is not allowed to claim the medical effect or the effect that the product does not have in the form of trademark name. Take the words implying a certain raw material as the trademark name, and if the product formula contains this raw material, the purpose of use shall be explained intuitively in the sales package; If the product formula does not contain such raw materials, it should be clearly marked on the visible surface of the sales package that the product does not contain such raw materials, and the relevant terms are only used as trademark names.

(2) Generic names should be accurate and objective, and can be words that indicate the raw materials of the product or describe the purpose and use parts of the product. The use of specific raw material names or words indicating the types of raw materials should be consistent with the ingredients in the product formula, and the efficacy of raw materials in the product should be consistent with the product efficacy claims. If animal, plant or mineral names are used to describe the fragrance, color or shape of the product, this raw material may not be included in the formula. When naming, the fragrance, color or shape of animal, plant or mineral names can be used in common names or indicated after attribute names.

(3) The attribute name shall indicate the true physical properties or forms of the product.

(4) When the trademark name, common name and attribute name of different products are the same, other contents that need to be marked should be indicated after the attribute name, including color or color number, sun protection index, smell, applicable hair quality, skin type or specific population, etc.

(5) If the trademark name, generic name or attribute name meet the above requirements of this Article when used alone, and may cause consumers to have ambiguity about the efficacy of the product when used in combination, it shall be explained on the visual surface of the sales package.

Article 9 The Chinese name of a product shall be marked in a prominent position on the surface of the sales package, and at least one place shall be led out by the introduction.

Chinese names of cosmetics shall not be named by letters, Chinese Pinyin, numbers and symbols, except for registered trademarks, names indicating the sun protection index, color number and serial number or other names that must use letters, Chinese Pinyin, numbers and symbols. Registered trademarks using letters, Chinese Pinyin, numbers and symbols in Chinese names of commodities. , its meaning should be explained on the visual surface of the product sales packaging.

The registration number of special-purpose cosmetics is the registration number issued by the State Administration of Pharmaceutical Products and marked on the visible surface of the sales package.

Article 10 The names, addresses and other relevant information of cosmetic registrants, filers, domestic responsible persons and production enterprises shall be marked on the visible surface of product sales packages in accordance with the following provisions:

(1) The names and addresses of registrants, filers, domestic responsible persons and production enterprises shall be marked with the names and addresses of enterprises specified in the product registration certificate or filing information, and led out with corresponding leading words respectively.

(2) When the registrant or filer of cosmetics is the same as the manufacturer, the registrant/manufacturer or filer/manufacturer can be used as a guide to simplify the labeling.

(3) The name and address of the production enterprise shall indicate the name and address of the production enterprise that completed the final process of contacting the contents. If the registrant or the filer entrusts multiple production enterprises to complete the last process of contacting the content at the same time, the name and address of the entrusted production enterprise may also be marked, and the specific production enterprise of the product may be marked by code or other means.

(4) If the manufacturing enterprise is domestic, the number of the cosmetics production license shall be marked after the name and address of the enterprise, and the corresponding leading words shall be used.

Article 11 Cosmetic labels shall be marked with the standard number of product execution on the visible surface of the sales package, and the corresponding guiding words shall be drawn.

Article 12 Cosmetic labels shall be marked with the standard Chinese names of all ingredients of cosmetics on the visible surface of sales packages, with "ingredients" as the main lead, and arranged in descending order according to the content of each ingredient in the product formula. If there are ingredients in the cosmetic formula with the content not exceeding 0. 1%(w/w), all ingredients with the content not exceeding 0. 1%(w/w) should be separately labeled as "other trace ingredients" for introduction, and they can be arranged in descending order.

If the formula is filled in the form of compounds or mixed raw materials, the content of each component in the formula should be used as the basis for ranking the component content and judging whether it is a trace component.

Article 13 The net content of cosmetics shall be expressed in national legal units of measurement and marked on the display surface of sales packages.

Article 14 The service life of a product shall be marked on the visible surface of the sales package in one of the following ways, and marked with corresponding guide words:

(a) the date of production and shelf life, the date of production should be in Chinese characters or Arabic numerals, and the four-digit year, two-digit month and two-digit date should be arranged and marked in turn;

(2) Production batch number and validity period.

For products with packaging boxes, the expiration date can be marked on the packaging container that directly contacts the contents. In addition to the above methods, the production batch number and the expiration date after opening can also be marked.

When the sales package contains a plurality of independently packaged products, the service life of each independently packaged product shall be marked, and the service life on the visible surface of the sales package shall be marked according to the service life of the earliest expired independently packaged product; The service life of a single individually packaged product can also be marked separately.

Fifteenth in order to ensure the correct use of consumers, it is necessary to mark the use of the product, which should be marked on the visual surface of the sales package or in the instructions attached to the product.

Article 16 Under any of the following circumstances, it shall be guided by "attention" or "warning", and safety warning terms shall be marked on the visual surface of the sales package:

(a) laws, administrative regulations, departmental rules, mandatory national standards and technical specifications have warning terms and safety-related labeling requirements for restricted ingredients and permitted ingredients in cosmetics;

(2) Laws, administrative regulations, departmental rules, mandatory national standards and technical specifications applicable to cosmetics for children and other special groups;

(3) Other safety warning terms and precautions stipulated by laws, administrative regulations, departmental rules, mandatory national standards and technical specifications.

Article 17 For small packaged products whose cosmetic net content does not exceed 15g or 15mL, only the Chinese name of the product, the registration certificate number of the special cosmetic, the name of the registrant or filer, the cosmetic net content, the use period and other information that should be marked can be indicated in the instructions attached to the product.

For small packaged products with boxes, the Chinese name and service life of the products should also be marked on the packaging container that directly contacts the contents.

Eighteenth innovative terms used in cosmetics labels are not widely used in the industry, which makes it difficult for consumers to understand, but they are not prohibited from labeling, and their meanings should be explained in the adjacent position.

Article 19 Cosmetic labels are prohibited from being marked or declared in the following ways:

(1) Using medical terms, names of medical celebrities, words describing medical functions and curative effects, or names of approved drugs to indicate or imply that products have medical functions;

(2) using false, exaggerated or absolute words to make false or misleading descriptions;

(three) the use of trademarks, patterns, font color size, color difference, homophonic or suggestive words, letters, Chinese pinyin, numbers, symbols, etc. Suggesting medical functions or making false propaganda;

(four) using terms and mechanisms that are not widely accepted by the scientific community to fabricate concepts to mislead consumers;

(5) fabricating false information or belittling other legal products to mislead consumers;

(6) misleading consumers by using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information;

(seven) by claiming the function of the raw materials used, it is implied that the product does not actually have or is not allowed to claim the function;

(eight) the use of labels, certificates, etc. Making claims and terms related to the safety and effectiveness of cosmetics without the confirmation of the relevant industry authorities;

(nine) using the names and images of state organs, institutions, medical institutions, public welfare institutions and other units and their staff and hired experts as proof or recommendation;

(10) Assertions or guarantees indicating efficacy and safety;

(eleven) marked vulgar, feudal superstition or other content that violates social order and good customs;

(twelve) other contents prohibited by laws, administrative regulations and mandatory national standards for cosmetics.

Article 20 If a cosmetic label has any of the following circumstances, which will not affect the quality and safety of the product or mislead consumers, the pharmaceutical supervisory and administrative department shall handle it in accordance with the provisions of paragraph 2 of Article 61 of the Regulations on the Supervision and Administration of Cosmetics:

(a) the font size of words, symbols and numbers is not standardized, or there are many words, missing words, typos and nonstandard Chinese characters;

(two) the use period, the way and format of marking the net content are not standardized;

(3) The label of cosmetics is unclear and illegible, or some printed words fall off or are not pasted firmly;

(4) The names of cosmetic ingredients are not standardized or the ingredients are not listed in descending order of formula content;

(5) Failing to use the lead in accordance with the provisions of these Measures;

(six) the Chinese name of the product is not marked in a prominent position;

(seven) other circumstances that violate the provisions of these measures but do not affect the quality and safety of products and will not mislead consumers.

Cosmetic labels that violate the provisions of these measures and constitute the provisions of Item (5) of Paragraph 1 of Article 61 of the Regulations on the Supervision and Administration of Cosmetics shall be punished according to law.

Article 21 These Measures shall apply to cosmetic labels provided to consumers by means of free trial, gift and exchange.

Article 22 The definitions of terms such as minimum sales unit in these Measures are as follows:

Minimum sales unit: the smallest packaged product form when the product contents are delivered to consumers together with the product packaging container, packaging box and product manual for the purpose of product sales.

Sales packaging: the packaging of the smallest sales unit. Comprises a packaging container which directly contacts the contents, a packaging box for placing the packaging container and instructions attached to the product.

Content: the product contained in the packaging container.

Display surface: any surface that consumers can see except the bottom surface when displaying cosmetics.

Visible surface: any surface of cosmetics that consumers can see without destroying the sales package.

Lead: the language used to introduce the contents of the label, such as "product name" and "net content".

Article 23 These Measures shall come into force as of May 6, 2022.