Cosmetics
Use record/Trademarks other than registered product names should be prohibited,The National Bureau made an official statement


The use of trademarks other than the filing/registered product name is a prohibited behavior, and the National Bureau will make an official statement!


In order to further standardize the supervision and management of cosmetics and protect the legitimate rights and interests of consumers, the Cosmetics Supervision Department of the State Food and Drug Administration has sorted out the cosmetic labeling and other related issues that the industry is more concerned about, and answered them one by one in accordance with my country's current cosmetics regulations and relevant technical specifications:

 

 

 

Q: Why must cosmetics sold in my country have Chinese labels? What are the specific requirements for the text used in Chinese labels?

 

A: Cosmetic labels are the main way to identify and explain the basic information, attribute characteristics and safety warnings of products, and are the key factors for consumers to buy products. In order to protect consumers' right to know and choose, and to facilitate consumers to use cosmetics correctly and to be aware of relevant precautions, the Regulations on the Supervision and Administration of Cosmetics (hereinafter referred to as the Regulations) and the Measures for the Administration of Cosmetics Labels (hereinafter referred to as the Measures) Cosmetics that are marketed in China are required to have Chinese labels. Cosmetics Chinese labels should use standard Chinese characters. If Chinese labels use other words or symbols other than standard Chinese characters, they should use standard Chinese characters on the same visible side of the product for explanations. Websites, names and addresses of overseas enterprises, and conventional professional terms must be used. Except for the use of other words. If the registered trademark in the Chinese name of the product uses letters, pinyin, numbers, symbols, etc., its meaning should be explained in the same visual face. Except for registered trademarks, the font size of other text fonts on the same visible surface of the Chinese label shall be smaller than or equal to the font size of the corresponding standard Chinese font. If a Chinese label is affixed to the original packaging in a foreign language, the labeling of the Chinese label shall meet the above requirements.

 

 

 

Q: Why do cosmetic labels need to indicate the relevant information of the registrant, filing person, domestic responsible person, and manufacturer?

 

Answer: According to the "Regulations", the registrant and filing party should be a legally established enterprise or other organization, not a natural person. Cosmetics registrants and filers can produce cosmetics by themselves or entrust other companies to produce cosmetics. If the registrant or filing party is an overseas enterprise, an enterprise legal person within my country shall be designated as the domestic responsible person to assist the registrant and filing party in taking responsibility for product quality and safety. The registrant and filer claim to be responsible for the quality, safety and efficacy of cosmetics, while other responsible entities involved in the production and operation of products, such as actual manufacturers and retailers, are responsible for product quality and safety within their respective responsibilities. Cosmetics are health-related products. In order to protect the legitimate rights and interests of consumers and facilitate consumers to accurately obtain the main responsible body of the product during the use of the product, the "Regulations" and "Measures" stipulate that the label of cosmetics should indicate the registrant, filer, domestic The name and address of the responsible person. At the same time, considering that the same registrant and filer may entrust different manufacturers to produce products, and the products produced by different manufacturers may have differences in quality and safety, the regulations also stipulate that product labels should be marked with the name of the entrusted manufacturer. ,address.

 

Cosmetics registrants, filers, domestic responsible persons, and entrusted production enterprises are all production responsibility entities clearly stipulated in the regulations. In addition, other concepts, terms and expressions related to product producers, including "supervisory", "produced", "brand licensor", etc., are not clearly defined by regulations and the meaning of the words themselves is relatively vague. Consumers and enterprises are not aware of these The understanding of the words is inconsistent. Labeling enterprise or organization information with similar terms will cause consumers to misunderstand the product manufacturer and the responsible subject, which is "false or misleading content" stipulated in the "Regulations" and shall not be displayed on the product label. Make similar annotations. Similarly, labeling other trademarks other than the brand name in the product name on the product label, which causes consumers to misunderstand the cosmetic manufacturer and the responsible party, is a labeling behavior that should be prohibited.

 

 

 

Q: Should ingredients such as antioxidants, preservatives, stabilizers and other protective ingredients added to cosmetic raw materials be marked on the product label?

 

A: The ingredient information of cosmetics is of great significance for consumers to choose cosmetics that meet their own needs. Some ingredients may cause allergies to some consumers. By viewing the full ingredient information of the product, consumers can avoid known allergens. . In order to protect consumers' right to know, the "Measures" stipulate that the standard Chinese name of the raw materials of all cosmetic ingredients should be marked on the product label, with "ingredients" as the guide language, and listed in descending order of the content of each ingredient in the product formula.

 

Cosmetic ingredients refer to the ingredients that are purposely added to the product formula during the production process and play a certain role in the final product. In order to ensure the quality of cosmetic raw materials, an extremely small amount of antioxidants, preservatives and stabilizers are added to the raw materials. and other ingredients, although the product formula is filled in the form of compounding of the raw materials when applying for registration or filing, but the ingredients that do not belong to cosmetics can not be marked on the product label; of course, in order to enable consumers to fully understand that the product may contain The ingredients can also be marked on the product label. In short, extremely trace amounts of antioxidants, preservatives, stabilizers and other ingredients added to the raw materials in order to ensure the quality of cosmetic raw materials may or may not be marked.

 

 

 

Q: How to correctly mark the standard number that the product implements?

 

Answer: According to the "Regulations" and "Measures", the label of cosmetics should be marked with the standard number implemented by the product. The standard number of the product to be marked on the cosmetic label is intended to guide the cosmetics industry to implement "one product, one standard" and use the means of standard management to promote product quality. When applying for product registration or filing products, cosmetic registrants should prepare and submit relevant information on "product implementation standards" in accordance with the requirements of the "Administrative Measures for Cosmetics Registration and Filing" and "Regulations on the Administration of Cosmetics Registration and Filing Materials". In order to facilitate the registration and filing of cosmetic registrants and product labels, the cosmetic registration and filing platform sets the standard number of the product to be consistent with the registration certificate number of special cosmetics or the registration number of ordinary cosmetics. The registration certificate number for special cosmetics is obtained when the product is registered, and the registration number for ordinary cosmetics can be preset through the registration platform.

 

Cosmetics registrants and filers shall, in accordance with the "Measures", mark the correct product standard number on the product label. If it is necessary to mark the national standard, industry standard or other relevant standard number other than the standard number implemented by the product on the product label, it shall meet the requirements of relevant laws and regulations, and the content shall be true, complete and accurate.

 

 

Description of the relevant penalties:

 

Article 61 Under any of the following circumstances, the department in charge of drug supervision and administration shall confiscate the illegal income and the illegally produced and traded cosmetics, and may confiscate the raw materials, packaging materials, tools, equipment and other items specially used for the illegal production and trade; If the value of cosmetics illegally produced and operated is less than 10,000 yuan, a fine of more than 10,000 yuan but not more than 30,000 yuan shall be imposed; if the value of the cosmetics is more than 10,000 yuan, a fine of more than 3 times but not more than 10 times the value of the goods shall be imposed; the circumstances are serious If the legal representative or main responsible person, directly responsible person in charge and other directly responsible personnel of the illegal unit shall be ordered to suspend production or business, the recordation department shall cancel the recordation, or the original license issuing department shall revoke the cosmetics license, and the legal representative or main responsible person, directly responsible person in charge and other directly responsible personnel of the illegal unit shall be punished by the previous year from the previous year. The unit will be fined more than 1 time but not more than 2 times its income, and it will be prohibited from engaging in cosmetics production and business activities within 5 years:

 

(1) Ordinary cosmetics that have not been put on the market for sale, business or import;

 

(2) Failure to appoint a person in charge of quality and safety in accordance with the provisions of these Regulations;

 

(3) Cosmetics registrants and filers fail to supervise the production activities of the entrusted production enterprises;

 

(4) Failure to establish and implement a health management system for employees in accordance with the provisions of these Regulations;

 

(5) Cosmetics whose production and operation labels do not conform to the provisions of these Regulations.

 

If the labels of the cosmetics produced and traded are flawed but do not affect the quality and safety and will not mislead consumers, the department in charge of drug supervision and management shall order them to make corrections; those who refuse to make corrections shall be fined not more than 2,000 yuan.