Rules are the key to industrial development. With the vigorous development of China's cosmetics industry, consumers' pursuit of beauty continues to upgrade, and beauty and health related beauty instruments have mushroomed. Because of its many categories, diverse functions, convenient use, rich sense of technology and other characteristics, coupled with a large number of advertising and network celebrities, stars, beauty equipment sales in recent years to maintain a rapid growth trend. According to data from Tmall International, sales of beauty instruments increased by eight times during the 618 period in 2019, and the first hour transactions of beauty instruments during the Double 11 period increased by 257% year-on-year. The "2018-2023 China Beauty instrument industry market Status and Investment Analysis Report" released by the New Thought Industry Research Center shows that: "In 2017, China's beauty instrument product market retail sales reached 4.52 billion yuan, an increase of 886%, and the beauty instrument market showed explosive growth. Among them, anti-aging and anti-wrinkle cosmetics accounted for about 50 percent of the total market share, and cleaning cosmetics accounted for about 30 percent of the market share." In view of the blue ocean development prospects of beauty instrument, traditional home appliance companies such as Pentium, Panasonic have launched different functions of beauty instrument, at the same time, some cosmetics companies such as Procter & Gamble, Clinique also began to get involved in this field, developed and skin care related beauty instrument, with its cosmetics sales. In the face of the booming beauty instrument market, this paper will discuss the legal issues related to beauty instrument for operators' reference.

What is a beauty device? Beauty instrument is a new category, the current national laws, regulations and standards have not specifically for the definition of beauty instrument, classification made clear provisions. The author consulted the relevant information and summarized, the general definition of beauty instrument on the market at present is: beauty instrument is a kind of instrument that uses physical, electronic technology, optics and other methods to act on the human body and face to achieve beauty effects. From the point of view of the use of beauty equipment, it is generally divided into skin care beauty equipment and hair care beauty equipment. The skin care beauty instrument includes facial skin care beauty instrument (such as face steamer) and body skin care beauty instrument (such as slimming instrument); Hair care equipment includes hair removal equipment (such as hair removal equipment), hair growth equipment (such as electric laser hair generation equipment) and hair beauty equipment (such as hair curlers, hair styling equipment). From the point of view of the function principle of the beauty instrument, it is divided into micro-current class, ion import class, radio frequency class, light therapy class, laser class, superwave class, fumigation class. From the function of the beauty instrument, it is divided into cleaning class, whitening class, anti-wrinkle class, acne class, blackhead class, hair growth class, hair removal class, hairdressing class.

Are beauty instruments cosmetics? According to the needs of consumers for different skin care and maintenance, the product functions of beauty equipment are also constantly refined, from cleaning, moisturizing, whitening to anti-wrinkle, face thinning, removing blackheads, acne, etc., and its functional publicity is highly similar to cosmetics. Article 2 of China's Regulations on the Supervision of Cosmetic Hygiene, which is still being implemented, defines cosmetics as "daily chemical industrial products that are spread on any part of the surface of the human body (skin, hair, nails, lips, etc.) by rubbing, spraying or other similar methods to achieve cleaning, eliminating undesirable odors, skin care, beauty and modification purposes." Therefore, from the perspective of product category, cosmetics are daily chemical products, and beauty instruments are instruments or tools, although its function is similar to cosmetics, but it does not belong to cosmetics.

Is beauty instrument a medical device? The functions of the beauty instrument are diverse, both cleaning, firming and other basic functional products, but also have acne, wrinkle, anti-aging, hair growth and other special functional products, then these special functions of the beauty instrument, especially in the medical beauty hospital used, specific specific therapeutic efficacy of the beauty instrument, such as hair growth instrument, water needle, microneedle, intense pulse light hair removal instrument and other beauty instrument, whether it belongs to the medical device products? Article 76 of the Regulations on the Supervision and Administration of Medical Devices clearly stipulates the definition and purpose of medical devices: "Medical devices refer to instruments, equipment, appliances, in vitro diagnostic reagents and calibrators, materials and other similar or related articles directly or indirectly used in the human body, including the required computer software; Its effect is obtained mainly by physical means, not by pharmacological, immunological, or metabolic means, or although these means are involved but only play an auxiliary role; Its purposes are: (1) diagnosis, prevention, care, treatment or remission of disease; (2) diagnosis, monitoring, treatment, mitigation or functional compensation of injury; (3) the examination, replacement, regulation or support of physiological structures or processes; (4) life support or maintenance; (5) Pregnancy control; (6) To provide information for medical or diagnostic purposes through the examination of samples from human bodies." At present, China implements catalogue management for medical devices. Therefore, beauty devices that meet the definition and purpose of medical devices belong to medical device products, such as electric laser hair generator, water needle, microneedle, radio frequency microneedle therapy device, intense pulse light hair removal device and other beauty devices belong to medical device products; Beauty instruments that do not meet the definition and purpose of medical devices do not belong to medical device products, such as high-frequency skin beauty instruments, facial cleansers, skin rejuvenation instruments and other beauty instruments do not belong to medical device products. So what kind of products do beauty instruments belong to that do not belong to medical device products? According to GB5296.2-2008 "Consumer Product Instructions Part 2: Article 3.1 of Household and Similar Electrical Appliances provides that electrical devices used by non-professionals in homes, apartments and similar occasions are household and similar electrical appliances, and beauty devices that are not medical device products according to this provision are household and similar electrical appliances, that is, small household appliances.

Is 3C compulsory certification required for beauty instruments? Compulsory certification is the state to protect the health or safety of consumers, protect animal and plant life or health, protect the environment and other regulations require that relevant products must be certified, through compulsory certification products commonly known as 3C products. Beauty instrument because of the effect on the human face, body, and consumer health and safety related, whether it belongs to 3C compulsory certification products? Article 10 of the Regulations on the Management of Compulsory Product Certification stipulates that producers, sellers and importers should certify the products listed in the catalogue, and the products related to beauty instruments in the Compulsory Product Certification Catalogue are only the ninth "skin and hair care equipment" products in the seventh category. According to the CNCA No. 45 Announcement on the Publication of Mandatory Product Certification Catalogue Description and Definition Table (hereinafter referred to as "Catalogue Announcement"), the product category description of "skin and hair care appliances" refers to "personal care appliances with rated voltage not exceeding 250V and charged heating elements used for hair or skin care". However, the remarks stressed that "medical skin and hair care equipment, electric shavers, etc." It can be seen that if the beauty instrument outside the scope of the remarks meets the two conditions of product category description at the same time, it belongs to the 3C compulsory certification product; On the contrary, any one of them does not meet (such as built-in battery DC power supply, or no electric heating element), it does not belong to CCC products. Of course, some businesses in order to promote the needs of the market, will not be in the "compulsory product certification directory" beauty equipment to be sent for voluntary certification, obtain the "product certification certificate", to prove the safety of the product, but this "product certification certificate" and "China's national mandatory product certification certificate" are two different certificates.

What should be marked on the label of beauty equipment? Different nature of the beauty instrument, the label content is also different. (1) Cosmetic device labels belonging to medical device products, according to the corresponding provisions of the "Medical Device Instructions and Label Management Provisions", the label should generally include the following:

(1) Product name, model, specification; (2) the name, domicile and contact information of the registrant or recordholder, and the name, domicile and contact information of the agent for imported medical devices shall also be indicated; (3) Medical device registration certificate number or record certificate number; (4) The name, domicile, production address, contact information and production license number or production record certificate number of the production enterprise, and the name, domicile, production address, production license number or production record certificate number of the entrusted enterprise shall also be marked; (5) Production date, use date or expiration date; (6) power connection conditions, input power; (7) Graphics, symbols and other relevant content that should be marked according to the product characteristics; (8) necessary warnings and precautions; (9) Special storage, operating conditions or instructions; (10) The labels of medical devices that have damage or negative effects on the environment during use shall contain warning signs or warning instructions in Chinese; (11) The labels of medical devices with radiation or radiation shall contain warning signs or warning instructions in Chinese. If the medical device label cannot indicate all the above contents due to the location or size limitation, it should at least mark the product name, model, specification, production date and use period or expiration date, and make it clear in the label that "other contents are detailed in the manual". At the same time, according to the corresponding provisions of the "Medical Device instructions and label Management Regulations", the label shall not have the following contents: (1) containing "the best effect", "guaranteed cure", "comprehensive treatment", "radical treatment", "immediate effect", "completely non-toxic side effects" and other assertions or guarantees of efficacy; (2) contains "the highest technology", "the most scientific", "the most advanced", "the best" and other absolute language and expression; (3) stating the cure rate or effective rate; (4) Compared with the efficacy and safety of other enterprises' products; (5) contains "insurance company insurance", "invalid refund" and other promising language; (6) using the name or image of any unit or individual as proof or recommendation; (7) contains misleading statements that make people feel that they have suffered from a disease, or make people misunderstand that they will suffer from a disease or aggravate the disease if they do not use the medical device, and other false, exaggerated, misleading content; (8) Other contents prohibited by laws and regulations. (2) Cosmetics labels that do not belong to medical device products, according to Article 5.2 of GB5296.2-2008 "Instructions for the Use of Consumer Goods Part 2: Household and similar electrical Appliances", the product sales packaging should be marked with: product name, product model, color indication, manufacturer name and address, and product standard number. According to Article 5.3 of GB5296.2-2008 "Instructions for the Use of Consumer Goods Part 2: Household and similar Electrical Appliances", the instruction manual shall be marked with: product name, product model, product performance characteristics, product component introduction, method of use, precautions, maintenance and maintenance, manufacturer name and address, executive standard number and other descriptions.

Beauty instrument trademark registration should choose which product categories? Beauty equipment belongs to the category of consumer goods, the brand is of great significance in the operation, is one of the most important assets of the operator. Therefore, operators should do a good job of brand management, especially trademark protection. As far as trademark registration is concerned, beauty instruments in the International Classification of trademarks are mainly concentrated in Class 8 shavers, hair removers, hand tools for curling hair, Class 10 massage instruments and class 11 face steamers, hair dryers, and the corresponding goods in these categories should be registered. At the same time, because the beauty instrument is related to the business of cosmetics, optical instruments, cosmetic mirrors, cosmetic appliances, advertising and beauty services, from the perspective of long-term business development and trademark strategic protection, it is recommended to add the following product categories in addition to the above-mentioned categories: Category 3 cosmetics, Category 9 optical instruments and instruments, Category 20 cosmetic mirrors, Category 21 cosmetic appliances, Category 35 advertising and Category 44 beauty services.

With the upgrading of consumption and the improvement of living standards, young consumers after 90, especially female consumers, are increasingly upgrading their pursuit of beauty, and their recognition of beauty instruments is getting higher and higher, and the beauty instrument market is showing signs of blowout. However, at present, China's beauty instrument market has just started, there is no relevant legal definition, classification and technical standards for beauty instrument; Consumers, including some regulatory authorities, still have doubts about the product classification and qualification requirements of beauty instruments; Beauty equipment production, sales, publicity and other business there are still some non-standard behavior. However, China's beauty instrument market imagination space is huge, I believe that with the continuous development of the beauty instrument industry, industry rules continue to improve, China's beauty market will emerge a number of excellent beauty instrument brands and high-quality beauty instrument products.