Cosmetics Business Compliance (8) -- Cosmeceuticals and cosmeceutical brands | Lawyer Guo Ling

Author: 国瓴律师
Published on: 2019-11-28 00:00
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"Cosmeceuticals" is a subdivision of the cosmetics market, which has been on the rise. According to public information, the concept of "cosmeceuticals" was first proposed by the famous American senior dermatologist Albert Kligman in the 1970s. He defines "cosmeceuticals" as products that contain pharmaceutical ingredients and are somewhere between drugs and cosmetics. The so-called "cosmeceuticals" in China's market mainly exist in two forms: one is a well-known foreign cosmeceutical brand, which uses its international popularity to sell its products in the domestic market, but the domestic products do not publicize the specific medical effects of the products, such as Li Ruquan, Yiquan, Avene and Vicz. The other is to indirectly convey cosmeceutical concepts to consumers through the creation of pharmaceutical styles such as product packaging style, product ingredients, product sales channels, and product sales environment, such as appropriate herbal medicine and Winona. Chinese consumers love cosmeceuticals, but there is no cosmeceuticals in the Chinese cosmetics market in a strict sense, and no cosmeceuticals brand in a strict sense has grown up.

Cosmetic claims play a vital role in the cosmetics business. Products, channels and brands are the three elements of the development of the cosmetics industry. Whether it is brand promotion, product promotion, or channel construction, it is inseparable from the promotion of product characteristics or functions. The uniqueness, pertinence and innovation of cosmetics claim directly determines the brand image, determines the sales volume of products, and then determines the success or failure of brand construction. Cosmetics belong to fast moving consumer goods, the product life cycle is shorter, the product replacement is faster, the importance of brand promotion and product publicity is particularly important. Consumers often use cosmetic claims to select products suitable for their needs from a large number of products. Because of the following, we will find: whether it is traditional media, or new media, cosmetics advertising exposure is extremely high. What is a cosmetic claim? At present, China's cosmetics laws and regulations are not clear. The European Union's "General Guidelines for the Reasonableness of Cosmetic Claims" defines the concept of cosmetic claims, that is, the express or implied communication of product features or functions of cosmetic products in the form of words, names, trademarks, patterns, numbers or other forms through labels, commercial supply processes and advertising. As can be seen from the above definition of the European Union, cosmetics labels, packaging, instructions, advertisements, spokesperson images, propaganda posters, etc. that explicitly or implicitly convey the product characteristics or functions of cosmetics belong to the category of cosmetics claims. Whether promoting cosmeceutical products or building cosmeceutical brands, they all rely on product claims to a large extent. Cosmeceutical functions need to be delivered through product claims, and cosmeceutical brands need to be shaped by product claims. The development of mature cosmeceutical brands cannot be separated from product declarations; The shaping of emerging cosmeceutical brands is inseparable from product claims.

At present, China's cosmetics can not claim medical efficacy. Cosmetics and pharmaceuticals are two different things. To avoid the confusion of the concept of cosmetics and drugs is the general consensus of the cosmetic regulatory authorities in the world. Most countries in the world do not have the concept of "cosmeceuticals" at the regulatory level. In the category of drugs or pharmaceutical accessories in some countries, some products also have the purpose of cosmetic use, but such products must first meet the regulatory requirements of drugs or pharmaceutical accessories, but there is no "cosmeceuticals" that are managed solely in accordance with cosmetics, such as Japan. China adopts a system of classified management of cosmetics and drugs. The Regulation on Hygiene Supervision of Cosmetics, which came into effect on January 1, 1990, defines cosmetics as: "Cosmetics refer to daily chemical industrial products that are spread on any part of the surface of the human body by rubbing, spraying or other similar methods, such as skin, hair, nails, lips, etc., to achieve the purpose of cleaning, eliminating undesirable odor, skin care, beauty and modification." The analysis of the above concept of cosmetics shows that cosmetics in our country are not aimed at medical efficacy, nor can they be advertised as having medical efficacy. At the same time, the Regulations on Cosmetic Hygiene Supervision also clearly stipulates that cosmetic labels, small packages or instructions shall not be noted with indications, shall not publicize curative effects, shall not use medical terms, and shall not publicize medical effects in advertising. In addition, the Advertising Law also stipulates that, except for advertisements for medical treatment, drugs and medical devices, any other advertisements are prohibited from involving the function of disease treatment, and may not use medical terms or terms that are easy to confuse the marketed goods with drugs and medical devices. Recently, in view of the current situation of cosmeceuticals flooding in China's cosmetics market, the State Food and Drug Administration further clarified the problem in the form of "Cosmetics Supervision FAQ (1)" on January 1, 2019: For products registered or filed in the name of cosmetics, declaring the concept of "cosmeceuticals" such as "cosmeceuticals" and "medical skin care products", it is illegal. Therefore, at the legal level, the concept of "cosmeceuticals" does not exist in China's cosmetics market, and the claims of cosmetics shall not involve the treatment of diseases, and shall not use medical terms or terms that are easy to be confused with drugs and medical devices. The "Regulations on the Supervision and Administration of Cosmetics Hygiene (Draft)" which is being revised also continues the direction of classified supervision of drugs and cosmetics. The above regulatory direction has been consistent, unchanged since the beginning, and will continue. As far as China's cosmetics and drug classification regulation is concerned, there will be no short-term adjustment.

In view of the importance of the above cosmetic claims in the cosmetics business and the strict classification supervision system of pharmaceuticals and cosmetics in China, cosmetics operators want to build strict domestic cosmeceuticals brands through product claims, which is a huge challenge. For this reason, although the cosmeceutical market of cosmetics in China is very hot, no real cosmeceutical brand has been born. In the practice of cosmetics business, some cosmetics brands will indirectly convey the concept of cosmeceuticals through the publicity of their medicinal ingredients, the announcement of product and drug sales channels, and the creation of product sales environment, but this does not mean that cosmetics have medical effects. In the environment of increasing compliance requirements, business is not compliant, and all performance is temporary. Cosmetic publicity compliance is an important part of cosmetic enterprise business compliance. Product claims are not compliant, on the one hand harm the interests of consumers, destroy the healthy economic order; On the other hand, it also brings great business risks and economic losses to the enterprise. At present, China's cosmeceutical market is more suitable for well-known foreign cosmeceutical brands to harvest the brand awareness that has been formed, rather than for the establishment of cosmeceutical brands.

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