Five key issues of compliance of cosmetic products | Lawyer Guo Ling
Cosmetics are special consumer goods, which are directly in contact with the skin of consumers and affect the health of consumers. Their compliance, safety and efficacy are of great significance and have wide influence. From the perspective of management, the non-compliance of cosmetics will lead to great operating losses for operators; If it occurs in the product listing process, it will lead to the product can not be listed on time, delay the market sales time; If it occurs in the product sales link, it will cause irreparable heavy losses to the brand goodwill, and will also lead to product removal, product recall, waste of channel entry fees, channel fines, packaging material scrapping, consumer disputes, administrative penalties and other losses. The compliance of cosmetics products is an important part of the business compliance of cosmetics operators. Specifically, the compliance of cosmetic products mainly involves five aspects such as product ingredients, labels, packaging, production qualifications, and product approvals, and operators should pay systematic attention to them.
Cosmetic ingredients should not be used carelessly. The quality of cosmetics is affected by many factors such as raw materials, formula, production technology, production process and production environment. Among the above factors, the raw materials of cosmetics have the greatest influence on the quality of cosmetics. China implements the system of new raw material license and specific raw material prohibition for cosmetic raw materials. The "Catalog of Used Cosmetic raw Materials" (2015 edition) clearly specifies the 8,783 cosmetic raw materials that have been used in the field of cosmetic production in China at present, and cosmetics manufacturers that use new raw materials beyond the list in the process of cosmetic production should go through the approval procedures for new raw materials and obtain health administrative permission before they can be used. At the same time, the "Cosmetic Hygiene Code" (2017 edition) defines mercury, mercury compounds, lead, lead compounds and other prohibited substances; Limited substances such as benzaldehyde and selenium sulfide have been specified, and the system of banning and restricting the use of specific raw materials of cosmetics has been established in China. Because the use of cosmetic ingredients is strictly regulated, cosmetics manufacturers should strictly import raw materials into the customs, avoid purchasing and using raw materials of unknown origin and fake and shoddy, can not use unauthorized new raw materials or prohibited substances for the specific efficacy of the product, and shall not use restricted substances in excess of the scope, and be responsible for the quality and safety of the procurement and use of raw materials; Otherwise, it is an unqualified product. In addition, the upcoming implementation of the "Regulations on the Supervision and Administration of Cosmetics" has greatly adjusted the management system of cosmetics raw materials, and cosmetics operators should pay attention to the implementation of the regulations in a timely manner.
Cosmetics labels should be complete and legal. Cosmetics labels are words, numbers, symbols, patterns and instructions placed in the sales package of cosmetics that are pasted, connected or printed on the sales package. Cosmetics labels record a lot of cosmetics information, which is one of the important information carriers for communication between cosmetics enterprises and consumers. In order to better protect consumers' right to know, China's "Product Quality Law", "Cosmetics Labeling Regulations" and "Consumer Instructions - Cosmetics General Label" and other laws and regulations stipulate the content that must be marked on cosmetics labels. Such as product name, producer name and address, actual production and processing place, net content, all ingredients list of cosmetics, shelf life, implementation standards, quality inspection certificate, license information and precautions. However, there are three exceptions: (1) cosmetics that have not yet entered into circulation can be exempted from labeling the above contents; (2) Cosmetics for free use by consumers with corresponding labels (such as gifts, non-sale products, etc.) can only be marked with the name of the cosmetics, the name and address of the producer, and shelf life information, and other contents can be exempted from labeling; (3) For products with a net content of no more than 15g or 15mL, only the name of the cosmetics, the name of the producer, the net content, the shelf life and the list of the full ingredients of the cosmetics need to be marked, and other contents can be exempted from labeling; At the same time, the cosmetic ingredient list can also be marked in other explanatory materials. Therefore, the label of cosmetics must not only mark the information of statutory mandatory labeling, but also ensure that the name, efficacy, and order of ingredients of cosmetics are legal; Otherwise, it is unqualified cosmetics.
Cosmetics should not be over-packaged. The packaging of cosmetics is necessary for the transportation, storage and sales of products, and only after packaging can prevent the damage or deterioration of products in the circulation process, in order to better achieve sales. In recent years, the problem of excessive packaging of commodities in China has become increasingly prominent. Excessive packaging refers to the packaging that exceeds the appropriate packaging functional requirements, and the packaging void ratio, the number of packaging layers, and the packaging cost exceed the necessary degree. In view of the current situation of excessive packaging of cosmetics in China, in order to promote the consumption of cosmetics manufacturers in China to reduce the consumption of commodities, promote the construction of resource-saving and environmentally friendly society, the national mandatory standard "Limiting excessive packaging requirements of commodities - Food and Cosmetics" (GB 23350-2009) issued by the former AQSIQ and the National Standards Commission. The standard has made clear restrictions on the gap ratio, cost and layer number of cosmetics packaging, such as: the gap ratio of cosmetics packaging shall not exceed 50%; The total cost of all packaging costs other than the initial packaging shall not exceed 20% of the sales price of the commodity, in which the sales price of the commodity is determined by the contract sales price signed by the manufacturer and the seller of the commodity or the normal market sales price of the commodity; The number of cosmetic packaging layers shall not exceed 3 layers. If the outer packaging of cosmetics does not meet the above requirements, it is a non-conforming product.
No cosmetics shall be produced without obtaining a cosmetic production license. Domestic cosmetics manufacturers in the domestic production of cosmetics before, in line with the technical specifications of cosmetics manufacturers and other conditions, to the local provincial drug administration to apply for a production license, obtain the provincial drug administration issued a "cosmetic production license" before the production of cosmetics within the license project. In terms of specific approval documents, the early stage is the health license of cosmetics production enterprises and the production license of industrial products; From January 1, 2017, the two certificates will be combined into a cosmetic production license. At present, any new cosmetics production enterprises need to apply to the local provincial food and drug administration; The provincial food and Drug Administration in accordance with the requirements of the "Cosmetic production license work Code", organize the audit of the enterprise, to meet the requirements of the "cosmetic production license". At the same time, cosmetics packaging labels must be marked with cosmetics production license approval number. A cosmetic factory shall not produce cosmetics without obtaining a cosmetic production license, nor shall it produce cosmetics beyond the permitted items; A cosmetics brand shall not entrust an enterprise that has not obtained a cosmetics production license to produce cosmetics, nor shall it entrust an enterprise that has obtained a cosmetics license to produce cosmetics beyond the permitted project; Otherwise, it is a non-compliant product.
Cosmetics should not be over-packaged. The packaging of cosmetics is necessary for the transportation, storage and sales of products, and only after packaging can prevent the damage or deterioration of products in the circulation process, in order to better achieve sales. In recent years, the problem of excessive packaging of commodities in China has become increasingly prominent. Excessive packaging refers to the packaging that exceeds the appropriate packaging functional requirements, and the packaging void ratio, the number of packaging layers, and the packaging cost exceed the necessary degree. In view of the current situation of excessive packaging of cosmetics in China, in order to promote the consumption of cosmetics manufacturers in China to reduce the consumption of commodities, promote the construction of resource-saving and environmentally friendly society, the national mandatory standard "Limiting excessive packaging requirements of commodities - Food and Cosmetics" (GB 23350-2009) issued by the former AQSIQ and the National Standards Commission. The standard has made clear restrictions on the gap ratio, cost and layer number of cosmetics packaging, such as: the gap ratio of cosmetics packaging shall not exceed 50%; The total cost of all packaging costs other than the initial packaging shall not exceed 20% of the sales price of the commodity, in which the sales price of the commodity is determined by the contract sales price signed by the manufacturer and the seller of the commodity or the normal market sales price of the commodity; The number of cosmetic packaging layers shall not exceed 3 layers. If the outer packaging of cosmetics does not meet the above requirements, it is a non-conforming product.
No cosmetics shall be produced without obtaining a cosmetic production license. Domestic cosmetics manufacturers in the domestic production of cosmetics before, in line with the technical specifications of cosmetics manufacturers and other conditions, to the local provincial drug administration to apply for a production license, obtain the provincial drug administration issued a "cosmetic production license" before the production of cosmetics within the license project. In terms of specific approval documents, the early stage is the health license of cosmetics production enterprises and the production license of industrial products; From January 1, 2017, the two certificates will be combined into a cosmetic production license. At present, any new cosmetics production enterprises need to apply to the local provincial food and drug administration; The provincial food and Drug Administration in accordance with the requirements of the "Cosmetic production license work Code", organize the audit of the enterprise, to meet the requirements of the "cosmetic production license". At the same time, cosmetics packaging labels must be marked with cosmetics production license approval number. A cosmetic factory shall not produce cosmetics without obtaining a cosmetic production license, nor shall it produce cosmetics beyond the permitted items; A cosmetics brand shall not entrust an enterprise that has not obtained a cosmetics production license to produce cosmetics, nor shall it entrust an enterprise that has obtained a cosmetics license to produce cosmetics beyond the permitted project; Otherwise, it is a non-compliant product.