The love of beauty is common to all. The pursuit of beauty, the pursuit of cosmetics, since ancient times. In primitive society, ancient people smeared animal grease on the skin during sacrifices to make their skin look healthy and shiny, which was one of the earliest makeup behaviors. However, there is no uniform definition of the concept of cosmetics, the scope of cosmetics, cosmetics classification and other issues, and the standards of different countries are different. The concept and classification of cosmetics seem to be irrelevant, but it is of great significance, because it is the basic issue of cosmetics management and cosmetics supervision. Belonging to the category of cosmetics is a prerequisite for the application of cosmetics regulatory system. They are all cosmetics, but different types of cosmetics are subject to different regulatory regimes; Different kinds of cosmetics require different production qualifications, and even the classification boundaries of cosmetics affect the rights and interests of contracts such as endorsements to a certain extent. The concept and classification of cosmetics are of great significance to cosmetics operators. This article will talk about the concept and classification of cosmetics from the legal point of view for the reference of cosmetics operators.

Japanese cosmetics concept and classification

Japan treats cosmetics the same as drugs, and cosmetics in Japan are mainly regulated by the "Pharmaceutical Law". The "Pharmaceutical Law" defines cosmetics as: cosmetics are products that are applied, spread on the body or used in a similar way to clean, beautify the human body, increase charm, change appearance, and keep the skin and hair healthy, and are substances that have a soothing effect on the human body. Cosmetics in Japan is divided into two categories, one is called "cosmetics", similar to the ordinary cosmetics in China, including soap, shampoo, conditioner, cream, toner, makeup cosmetics, toothpaste, etc.; The other category is called "pharmaceutical external products", similar to the so-called special use cosmetics in China, including medicinal soap, anti-dandruff shampoo, medicinal toothpaste, hair dye, perm agent, hair growth agent, etc.

American cosmetics concept and classification

The regulation of cosmetics in the United States mainly applies to the Federal Food, Drug and Cosmetic Act. The U.S. Food and Drug Administration defines a cosmetic product as something applied to the human body by rubbing, sprinkling, spraying, or other means that cleans, enhances, promotes attractiveness, or alters appearance. Cosmetics in the United States is also divided into two categories, one is called "cosmetics", similar to our country called ordinary cosmetics; The other category is called "over-the-counter (OTC)", similar to what our country calls special use cosmetics, including antiperspirant, hair growth, whitening, anti-aging, anti-UV, acne, etc.

Chinese cosmetics concept

China's cosmetics regulatory legislation started after the reform and opening up. After more than 40 years of development, the current regulatory system for cosmetics has been formed, but it is still relatively lagging behind, and the definition of cosmetics is not uniform at present. At present, new cosmetics products are emerging in an endless stream, and the disunity of the definition and boundary of cosmetics has also brought some confusion to the cosmetics business. In business practice, there is often a debate about whether a certain product belongs to cosmetics. In terms of the definition of cosmetics, the more representative ones are as follows:

1. Cosmetic Hygiene Regulation

The Cosmetic Hygiene Regulation defines cosmetics as: "Cosmetics are daily chemical industrial products that are applied, sprayed or otherwise dispersed on any part of the surface of the human body, such as skin, hair, nails, lips, etc., to achieve the purpose of cleaning, eliminating undesirable odors, skin care, beauty and modification."

2. Regulations on the Management of Cosmetics Labeling

The Regulations on the Administration of Cosmetics Labeling define cosmetics as: "Cosmetics refer to chemical industrial products or fine chemical products used to apply, spray or other similar methods to any part of the surface of the human body, such as skin, hair, fingernails, lips and teeth, for the purpose of cleaning, maintenance, beauty, modification and change the appearance, or to correct the smell of the human body, and to maintain a good condition, which can have a soothing effect on the part used."

3. General Label for Consumer Products

GB 5296.3-1995 "General Label for Cosmetics" defines cosmetics as: "Cosmetics are products that are applied to the surface of the human body (such as epidermis, hair, nails, lips, etc.) by applying, spraying or other similar methods to clean, maintain, beautify, or eliminate undesirable odors. The products may have a soothing effect on the area where they are used."

To sum up, the definition of cosmetics in China's cosmetics regulatory laws and regulations is not uniform, but through the analysis of the above definition of cosmetics, it can be concluded that the definition of cosmetics in China's laws and regulations has the following three common points: (1) from the point of use, cosmetics directly contact the surface of human skin. Industrial products that do not directly remove human skin, such as aromatherapy products, air fresheners, dishwashing liquid, laundry detergent, laundry detergent, clothing softener, glass cleaning machine, etc., although the name is similar to cosmetic products, it does not belong to the category of cosmetics. It is precisely because cosmetics are industrial products that directly remove human skin and are directly related to the human health and safety of consumers, countries have classified cosmetics into the category of special industrial products and conducted special supervision on them. (2) From the perspective of use, cosmetics are spread on the surface of the human body by applying, spraying or other similar methods. Products that enter the human skin by oral, injection and other means, such as tablets, Botox, filled milk hydrogels and other products, do not belong to the category of cosmetics because of different methods of use. Because the use of cosmetics is spread on the surface of the human body by applying, spraying or other similar methods, and does not directly enter the human skin, the country implements different regulatory systems for cosmetics and pharmaceutical injections directly into the human skin. (3) From the perspective of function, cosmetics have the functions of cleaning, eliminating undesirable odor, skin care, beauty and modification. It is relatively easy to understand that cosmetics have the effect of removing undesirable odor, skin care, beauty and modification, such as perfume and other aromatic cosmetics have the effect of removing undesirable odor; Skin care products such as skin care cream have skin care functions; Cosmetic cosmetics such as lipstick have cosmetic functions. As for the cleaning function of cosmetics, because the cleaning function of cosmetics is similar to the cleaning function of washing products, it is often easy to confuse the difference between cleaning cosmetics and washing products. Although cleaning cosmetics and detergents have the function of cleaning, but their use parts are different, cosmetics are industrial products directly in contact with the surface of human skin, and detergent products are industrial products directly in contact with things; Cosmetics are used for the cleaning of the human body, and detergent cosmetics are used for the cleaning of things. Because detergent products are used for the cleaning of objects rather than the cleaning of the human body, they are applied to a different regulatory model than cosmetics. At the same time, it should be noted that cosmetics do not have medical effects, which is one of the important differences between cosmetics and drugs. According to the relevant provisions of China's Drug Administration Law, drugs refer to substances used for the prevention, treatment and diagnosis of human diseases, purposefully regulating human physiological functions, and providing indications or functional indications, usage and dosage, including Chinese herbal medicines, Chinese herbal medicines, chemical raw materials and their preparations. Drugs are products that have the function of preventing, treating and diagnosing human diseases, while cosmetics do not have the above-mentioned medical effects. Because of this, China's "Cosmetic health Supervision Regulations" stipulate that cosmetics must not advertise medical effects or use medical terminology. Products belonging to the above three characteristics are cosmetics, and operators should operate in accordance with the cosmetics regulatory system; Otherwise, the cosmetics regulatory system does not apply.

Chinese cosmetics category

The cosmetics industry is a highly active and innovative industry. There are many kinds of cosmetics, and there is no unified classification standard for cosmetics. For example, according to the different functions of cosmetics, cosmetics can be divided into cleaning cosmetics, care cosmetics and beauty cosmetics; According to the different parts of cosmetics used, cosmetics can be divided into hair cosmetics, skin cosmetics, finger (toe) A cosmetics and mouth (teeth) cosmetics. The above classification is mostly industry classification. Based on the needs of cosmetics supervision, cosmetics are classified into special use cosmetics and non-special use cosmetics according to product functions. It is divided into domestic cosmetics and imported cosmetics according to their origin. According to the production process, it is divided into general liquid unit, cream emulsion unit, powder unit, aerosol and organic solvent unit, wax-based unit and other units. The above three categories have legal significance, and cosmetics operators must pay attention to them. The details are as follows:

(1) Classification of special use cosmetics and non-special use cosmetics

According to the different uses of cosmetics, cosmetics are divided into special use cosmetics and non-special use cosmetics. Special use cosmetics refer to cosmetics that have special effects due to the addition of special ingredients and are between drugs and cosmetics. China's special purpose cosmetics include nine kinds of cosmetics, including hair care, hair color, perm, hair removal, beauty, bodybuilding, deodorization, whitening and freckle, sun protection. Non-special use cosmetics refer to cosmetics other than the above nine categories of special use cosmetics. China implements different health supervision systems for special use cosmetics and non-special use cosmetics. The production or import of cosmetics for special purposes must be approved by the administrative department of public health under The State Council and obtain a health license before the production, import or sale; The production and import of non-special use cosmetics shall implement the filing system, and can be produced, sold and imported after obtaining the filing certificate. Therefore, China's cosmetics producers and cosmetics sellers need to pay attention to this classification.

(2) Classification of domestic and imported cosmetics

According to the different origin of cosmetics, China's "Cosmetic hygiene supervision Regulations" will be divided into domestic cosmetics and imported cosmetics two categories. According to the Regulations on Hygiene Supervision of Cosmetics and other relevant laws and regulations, China implements a health licensing system for the first import of special use cosmetics, and a filing system for the first import of non-special use cosmetics. At the same time, the registration system for the first import of special use cosmetics or the first import of non-special use cosmetics is different from that for domestic cosmetics in terms of specific requirements and processing cycles. At the same time, the labeling requirements of imported cosmetics are also different from those of domestic cosmetics, such as imported non-special use cosmetics labels need to mark the record number, while domestic non-special use cosmetics do not need to mark the record number. Therefore, imported cosmetics operators must be aware of the classification.

(3) General liquid unit, cream emulsion unit, powder unit, aerosol and organic solvent unit, wax-based unit and other unit classification

China implements production license system for cosmetics. All enterprises and units engaged in the production of cosmetic products within the territory of the People's Republic of China, regardless of their nature and affiliation, must obtain a production license in order to be qualified to produce the product. No enterprise shall produce and sell cosmetics without a production license. According to different production processes, cosmetics are divided into six application units: general liquid, cream emulsion, powder, aerosol and organic solvent, wax-based and other types. According to the product characteristics, the first four certificate units are divided into several certificate subclasses, whose role is to be used in cosmetics replacement (issuance) production licenses. China's cosmetics production enterprises need to prepare the corresponding production conditions and application documents according to the classification when handling the cosmetics production license. Therefore, cosmetics manufacturers need to pay attention to this classification.