Product Compliance
Test/Filing/Registration
Product Compliance
Test/Filing/Registration
------------Write on the front ------------
Cosmetic label is the main way for consumers to know product information, and the compliance of label has always been the key item of review and supervision. The new version of the Measures for the Administration of Cosmetic Labels (hereinafter referred to as the Measures) has been officially implemented on May 1, 2022. This article will analyze the requirements and precautions for cosmetic label identification in combination with the Measures, relevant regulations and national standards for your reference.
01 Definition of cosmetic label
According to the Measures, cosmetic labels refer to the words, symbols, numbers, patterns and other marks used to identify the basic information, attribute characteristics and safety warnings of the product on the product sales package, as well as the packaging containers, boxes and instructions with identification information.
02 Regulations on Cosmetic Labels
At this stage, cosmetics labeling is mainly based on the Regulations on the Administration of Cosmetics Labeling, followed by the Regulations on the Administration of Cosmetics Labeling, the Regulations and Guidelines on the Naming of Cosmetics, the GB 5296.3 Instructions for the Use of Consumer Products, the Regulations on the Supervision and Administration of Children's Cosmetics, the Regulations on the Quality Management of Cosmetics Production, the Regulations on the Supervision and Administration of Cosmetics Production and Operation Technical Specifications for Cosmetics Safety, Measures for the Monitoring and Administration of Adverse Reactions of Cosmetics, Regulations on the Supervision and Administration of Cosmetics (hereinafter referred to as the "Regulations"), Quality Law of the People's Republic of China, Advertising Law of the People's Republic of China, Anti unfair Competition Law of the People's Republic of China, Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law"), Measures for the Metrological Supervision and Administration of Quantitatively Packed Commodities Measures for the Administration of Barcode for Commodities and other regulations or standards.
03 Contents to be marked on cosmetic label
The content and position requirements of cosmetic labels are shown in the following table:
04 Marking of product name
At least one place on the sales package shall be marked with the complete product name (trademark name+common name+attribute name), which shall be introduced with the guide words. The guide language can be "product name" or "Chinese product name". The labeling of trademarks and trade names shall comply with the provisions of the Measures and the Trademark Law, and shall not claim or imply medical effects, non cosmetic effects or special cosmetic effects of ordinary cosmetics in the form of trade names.
For example, Pure Medicine, Zhiyimei, Quchuangting, Doctor X, etc.
05 Marking of non-standard Chinese characters
① Marking of foreign language registered trademark:
According to the relevant reply of the Chinese Inspection Institute on foreign language registered trademarks, if there are the same foreign language registered trademarks on multiple sides of the product label, you can only explain on one of the visible sides, without having to explain on each side.
② Notes in other foreign languages:
According to the relevant reply of the State Administration in the FAQ (V) on the Supervision and Administration of Cosmetics (hereinafter referred to as "Answers (V)"), if the product label uses words or symbols other than the standard Chinese characters, it shall be explained on the same visual plane of the product. Except for the registered trademark, the font size of other characters on the same visual surface of the Chinese label shall be less than or equal to the font size of the corresponding standard Chinese characters.
That is to say, in addition to the registered trademark, other non-standard Chinese languages such as foreign languages, numbers and symbols in the product label must have corresponding Chinese or explanations on the same visual plane. At the same time, the corresponding Chinese font size shall not be less than the non-standard Chinese font size. See the following figure for the latest case of rejection of filing in Guangzhou:
06 Labeling of ingredients
The ingredients shall be marked on the visible side of the sales package and led out with "ingredients" as the guiding words. The standard Chinese names of all ingredients shall be marked and arranged in descending order of content. Components not exceeding 0.1% (w/w) shall be led out with "other trace components" as the guide words and otherwise marked. Other trace components may not be listed in descending order.
According to the reply of the China Inspection Institute, the extremely small amount of antioxidants, preservatives, stabilizers and other ingredients added to the raw materials to ensure the quality of cosmetics may not be marked on the product label.
07 Marking of net content
The net content must be marked on the display surface of the sales package, and be led out with "net content" as the guiding words, and cannot be marked on the bottom. The marking of the net content should comply with the provisions of the Measures for the Metrological Supervision and Administration of Quantitatively Packed Commodities:
① The national legal measurement unit shall be used for the marking of net quantity
② The character height of net content shall meet the minimum height requirements
08 Dimension of usage method
The method of use of the product shall be marked on the visible side of the sales package or in the instructions attached to the product, and "method of use" shall be used as a guide. The application method shall specify the application site and shall not exceed the efficacy and definition of cosmetics. See the following table for details:
If the label is marked with "scope of application", the specific applicable hair, skin or people shall also be specified. Expressions that cannot specify the specific scope of application such as "multiple skin types" and "multiple skin types" shall not be used.
09 Marking of enterprise name and address
With respect to other enterprise information marked in other forms, the State Food and Drug Administration has made it clear in the Answer (V) that marking other enterprise name information in the form of "distributors", "supervision", "producers", "brand side", "licensors", "joint research and development", etc. will lead consumers to misunderstand the product producers and responsible subjects, which belongs to "false or misleading content" specified in the Regulations, No similar marking shall be made on the product label.
At present, only Guangzhou can clearly mark "dealers, general distributors, retailers, general agents" and other marking forms that are related to the main body of product operation, but will not cause misunderstanding among consumers.
At present, only Guangzhou can clearly mark "dealers, general distributors, retailers, general agents" and other marking forms that are related to the main body of product operation, but will not cause misunderstanding among consumers.
10 Marking of standards implemented by products
The standard number implemented by the product shall be marked on the visible side of the sales package, and shall be introduced with the "standard number implemented by the product" as the guide. The standard number implemented by the product is the registration certificate number or filing number of the product. According to the "Answer (V)" of the State Food and Drug Administration, the original national standard, industrial standard and enterprise standard can be marked by the enterprise itself.
11 Marking of service life
The service life of the product shall be marked on the visible side of the sales package in the form of "production date+shelf life" or "production batch number+limited service date", and shall be introduced with the corresponding guide words. For products with outer boxes, when the service life is marked on the inner packaging materials, in addition to the above methods, the method of "production batch number+service life after opening" can also be used.
12 Marking of safety warning words
Where laws and regulations, technical specifications and national standards require that warning words must be marked, "Caution" or "Warning" shall be used as the guide words, and safety warning words shall be marked on the visible side of the sales package. It mainly includes the safety warning words that must be marked in the Technical Specifications for the Safety of Cosmetics; Safety warning words required to be marked in national standards and industrial standards; The Regulation on the Supervision and Administration of Children's Cosmetics requires that children's cosmetics must be marked with "should be used under the supervision of adults"; As well as nail polish, perfume, aerosol and other flammable and explosive products, use safety precautions and chemical safety signs shall be marked.
13 Label of efficacy claim
The product efficacy regulation does not specify that it must be marked, but as the basis for determining whether it is cosmetics and efficacy classification, it still needs to be marked. The product efficacy declaration shall comply with the relevant provisions of the Measures, and shall not declare the contents prohibited from marking, and shall not exceed the efficacy classification scope of registration or filing declaration. The specific prohibited contents are as follows:
① The use of medical terminology, names of medical celebrities, words describing medical effects and effects or the names of approved drugs indicates or implies that the product has medical effects;
② Use trademarks, designs, font color size, color difference, homophonic or suggestive words, letters, Chinese Pinyin, numbers, symbols, etc. to imply medical effects or make false claims;
③ Use false, exaggerated and absolute words to make false or misleading descriptions;
④ Misleading consumers by using terms and mechanisms that have not been widely accepted by the scientific community;
⑤ Mislead consumers by fabricating false information and belittling other legitimate products;
⑥ Misleading consumers with fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information;
⑦ Suggest that the product actually does not have or does not allow the claimed efficacy by claiming the function of the raw materials used;
⑧ Make use of the name and image of state organs, institutions, medical institutions, public welfare institutions and other units and their staff, and employed experts to prove or recommend;
⑨ Make claims and terms related to the safety and efficacy of cosmetics using marks, rewards, etc. that have not been confirmed by the competent department of the relevant industry;
⑩ Assertions or guarantees of efficacy and safety;
⑪ Mark vulgar, feudal superstition or other content that violates public order and good customs;
⑫ Other contents prohibited by laws, administrative regulations and mandatory national standards for cosmetics.
14 Other contents to be marked
In addition to the above, the product label also needs to indicate the following contents: origin, conformity mark, commodity bar code, necessary remarks and explanations, and children's cosmetics mark. As well as optional labeling: QR code, patent, environmental protection logo, website, telephone and other contents. Note that according to Article 19 of the Measures for the Monitoring and Administration of Adverse Effects on Cosmetics, the cosmetic registrants and registrants should publish effective contact information such as phone numbers and email addresses to the public through product labels, official websites and other ways to facilitate consumers' access, and take the initiative to collect the adverse reactions reported by entrusted manufacturers, cosmetic operators, medical institutions, consumers, etc. from their cosmetics for sale on the market. That is, enterprises can choose to publish effective contact information to the public on product labels or official websites.
Summary
After the implementation of the new regulations, the cosmetic label identification involves many details and requires strict requirements. It is necessary to understand and review the requirements to avoid being rejected or the packaging materials can not be used during the registration. For the update of old products before May 1 next year, inventory management and the required label update should also be done well. Now it is very close to this time point, and enterprises should pay attention to it.
Case source:
Domestic general cosmetics filing information platform, comprehensive consultation technology department, quality and beauty regulations;
The above is for reference only, and the final opinion is subject to the official review.
: 8618620497606
+8618620497606