Cosmetics are a chemical mixture of natural, synthetic or extracted basic raw materials, auxiliary raw materials and functional raw materials with different functions, processed by heating, stirring and emulsifying production processes and production processes. The quality of cosmetics is affected by many factors such as raw materials, formula, production process, production process and environment. Among the above factors that affect the quality of cosmetics, the raw materials of cosmetics have the greatest impact on the quality of cosmetics. Cosmetic raw materials are directly related to the quality and safety of cosmetics, related to the health of consumers, strengthening the health supervision of cosmetic raw materials, and strengthening the supervision of the procurement and use of cosmetic raw materials is an important link to ensure the safety of cosmetics. Europe and the United States and other developed countries have established strict management systems for the use of cosmetic raw materials; China has also established strict management system for cosmetics. At present, the cosmetics industry, on the one hand, many component party cosmetics brands are popular, on the other hand, many small and medium-sized cosmetics enterprises have not yet established a perfect supervision system for cosmetics raw materials, and face great brand risks and operational risks in the cosmetics raw materials link, which needs the attention of cosmetics operators. In particular, some new ingredients of cosmetics, although effective, but not freely used. Jiao Hanwei, lawyer of Shanghai Guolinghouse Law Firm, will discuss the use of cosmetic ingredients from a legal perspective based on practical experience for operators' reference.

Cosmetics raw materials supervision department

The supervision of cosmetics raw materials is an important part of the supervision of cosmetics in a broad sense. China's cosmetic raw material regulatory agencies have a process of adjustment. Before the adjustment of The State Council in 2008, the supervision of cosmetic raw materials in China was mainly carried out by the Ministry of Health and the relevant health administrative departments, of which the health administrative department of The State Council was in charge of the supervision of cosmetic raw materials in the country, and the health administrative departments of the local people's governments at or above the county level were in charge of the supervision of cosmetic raw materials in their respective jurisdictions. After the adjustment of The State Council in 2008, the supervision responsibility of cosmetics raw materials in China was transferred from the Ministry of Health to the State Food and Drug Administration, and the food and drug supervision and administration department was responsible for the supervision of cosmetics raw materials, responsible for the formulation of cosmetics raw materials policy, health licensing of new cosmetics raw materials, health supervision and management of cosmetics raw materials.

Cosmetics raw material supervision system

China's cosmetics raw material supervision system mainly includes new raw material licensing system, specific raw material prohibition system and so on. New cosmetic raw materials refer to natural or artificial raw materials first used in the production of cosmetics in China. China's "Cosmetic hygiene Supervision Regulations" stipulate that "the use of new raw materials for the production of cosmetics must be approved by the health administration department of The State Council", which establishes a licensing system for the use of new raw materials for cosmetics in China. The "Catalog of used cosmetic raw Materials" (currently implemented as the 2015 edition) clearly specifies the 8,783 cosmetic raw materials that have been used in the field of cosmetic production in China, and the new raw materials that are used beyond the list in the process of cosmetic production by cosmetic manufacturers should go through the relevant licensing approval procedures and obtain the health administrative permission before they can be used. The ban on the use of specific ingredients of cosmetics means that China's cosmetics laws and regulations specify that specific cosmetics ingredients must not be used in the production of cosmetics, or specific ingredients can be used in the production process of cosmetics, but the concentration of use is limited, or the scope of use is limited, or the conditions of use must be marked on the label and precautions. The "Cosmetic Hygiene Code" (currently implemented as the 2017 edition) defines mercury, mercury compounds, lead, lead compounds and other prohibited substances; The restricted substances such as benzaldehyde and selenium sulfide have been stipulated, and the system of prohibiting the use of specific raw materials of cosmetics in China has been established. Therefore, cosmetics manufacturers should strengthen the management of the use of raw materials, strictly import raw materials, strictly prohibit the purchase and use of unknown sources, fake and shoddy raw materials, shall not use unauthorized new raw materials and prohibited substances stipulated in the "Cosmetic Hygiene Code" for the specific efficacy of products, and shall not exceed the scope of the use of restricted substances. Responsible for the quality and safety of raw materials purchased and used.

Risk prevention of cosmetic raw materials

Cosmetic raw materials are directly related to the quality and safety of cosmetic products. Cosmetics manufacturers should strengthen the supervision of the procurement and use of cosmetics raw materials, fundamentally control the risks of cosmetics products through the control of the risks of cosmetics raw materials, and eliminate the risks of cosmetics business. The details are as follows:

(1) Establish a sound procurement system for cosmetic raw materials

Raw material risk is one of the major risk sources of cosmetics enterprises, and cosmetics manufacturers should strengthen the management of raw materials. Cosmetics enterprises should formulate supplier access requirements and establish supplier files according to the requirements of Hygiene Standards for Cosmetics Manufacturers; Review the supplier's qualification, including enterprise business license, legal production and operation documents, business status, production capacity, quality assurance system, product quality, delivery period, etc., to ensure that the purchased raw materials meet the requirements of national laws and regulations, standards and specifications; Establish audit procedures and traceability mechanisms for raw material use to ensure continuous product quality and safety in the supply process; Carry out strict acceptance or inspection according to product technical requirements, and require suppliers to provide effective inspection reports or other quality certificates according to the batch of supplies; Carry out regular on-site audit of key raw material suppliers, including production environment, process flow, production process, storage conditions, quality management and other factors affecting product quality and safety. At present, many small and medium-sized cosmetics production enterprises have not established a complete procurement system for cosmetics raw materials, mainly in the cosmetics production enterprises do not ask for proof from raw material suppliers, and do not retain and test the cosmetics raw materials they purchase. At this time, if the quality of cosmetics products is unqualified due to raw materials, cosmetics manufacturers will not be able to pursue the responsibility of raw material suppliers, and all brand risks, legal risks and market risks can only be borne by cosmetics manufacturers.

(2) Not to use new raw materials of cosmetics without authorization

According to the regulatory regulations on cosmetic raw materials, cosmetic manufacturers must obtain the health administrative license of the State Food and Drug Administration when using new raw materials to produce cosmetics. Cosmetics manufacturers should carefully study the "Catalog of Used cosmetics Raw Materials" (2015 edition), and master the 8,783 cosmetic ingredients that have been used in China. If new raw materials need to be used, they must go through administrative licensing procedures before use, and can only be used after obtaining permission. If cosmetics use new ingredients without authorization, once the product is identified as unqualified, it will not only cause major losses to the brand goodwill, but also lead to a large number of packaging materials, inventory of finished products, channel entry fees, product recall costs and other economic losses, which is a business risk that cosmetics companies cannot afford. In addition, cosmetics production enterprises in the absence of health permits, unauthorized use of cosmetics new raw materials also need to bear administrative responsibility, the supervision part can confiscate the products and illegal activities, fined three to five times the illegal income, and can be ordered to stop production or revoke the "cosmetics production license". Cosmetic enterprises that illegally use new raw materials to cause human injury or poisoning accidents should also bear civil liability for compensation, and in serious cases, they should also bear criminal responsibility. China's Criminal Law stipulates that whoever produces cosmetics that do not meet hygiene standards, or knowingly sells cosmetics that do not meet hygiene standards, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 50 percent but not more than two times the amount of sales.

(3) No illegal use of cosmetics prohibited substances

Although some prohibited ingredients can provide cosmetic benefits, cosmetics companies should not use them. Cosmetics manufacturers should attach great importance to the control of raw materials from the safety of cosmetics, carefully study the "Cosmetic Hygiene Code", master the scope of prohibited substances, strictly in accordance with the requirements of the "Cosmetic Hygiene Code" resolutely put an end to the use of prohibited raw materials, to ensure that the products produced meet the national health standards. At the same time, cosmetics manufacturers also need to strictly control the use of restricted raw materials, according to the limited use of concentration, scope of use and conditions of use of restricted raw materials, to ensure that the products produced meet the national health standards. If cosmetics manufacturers use prohibited substances or illegal use of restricted substances in cosmetics production, they will also face unbearable market operation risks, on the other hand, they also need to bear administrative responsibilities, the regulatory part can confiscate the products and illegal activities, impose a fine of three to five times the illegal income, and can order the enterprise to stop production or revoke the "cosmetics production license". Cosmetics enterprises illegally use prohibited raw materials or prohibited raw materials to cause serious consequences, but also need to bear civil liability and criminal liability.

Jiao Hanwei

Chief partner and lawyer of Shanghai Guohillhouse Law Firm

Have more than 10 years of legal service experience and more than 5 years of cosmetics business experience, familiar with law, familiar with business, He is good at providing enterprises with legal counsel, contract review, brand management, business compliance, business negotiation, intellectual property management, tax planning, equity transfer, corporate structure design, equity incentive, investment and financing, restructuring and merger, dispute resolution and other solutions for the whole stage of enterprise development from the perspective of law and business operation.