For the first time, on October 8, 2021, the Chinese authorities released a regulation which specializing on Children Cosmetics – the Regulations on the Supervision and Administration of Children Cosmetics (the “Regulations”). This Regulations clarifies how companies should register their Children Cosmetics in the PRC starting from January 1st, 2022.
By Charlotte Mantoux, Partner at Leaf and Liu Tong, Associate at Leaf
The main requirements of the Regulations are highlighted below:
Clear definition of “Children Cosmetics” which refers to cosmetics that are suitable for children up to 12 years of age (including 12 years old), and have the functions of such as cleaning, moisturizing, tanning and etc.
Products with descriptions like “applicable for whole family”, “used by the whole family” and other similar wordings or presentations, which imply children as potential users of the product, shall be considered as well as children’s cosmetics.
Packaging and labelling have been highly regulated. A transitional period is given to the Cosmetic registrants, filing party, and entrusted manufacturers to ensure that the labelling of their products comply with these Regulations by May 1, 2023.
The new regulations have set up constraints on the labelling of Children Cosmetics. Such constraints include special marks to be specified by the Chinese authorities, and specific attention to wordings that may be misleading.
Formula is under scrutiny.
Priority is given to Safety, efficacy and minimum formula.
Safety First: Children Cosmetics shall be made of cosmetic raw materials with a long history of safe use. New raw materials that are still in the monitoring period shall not be used in Children Cosmetics, subject to certain exemptions.
Efficacy Requirement: Children Cosmetics shall not be allowed to use raw materials for the purpose of freckle whitening, acne removal, hair removal, deodorization, anti-dandruff, hair loss prevention, hair coloring, perming, etc. If raw material that may have the above-mentioned effects are used for other purposes, the necessity or their use and the safety of their use for Children Cosmetics shall be evaluated.
Scientificity and necessity on raw materials: Children Cosmetics should also evaluate the scientificity and necessity of the raw materials used in terms of the safety, stability, function, compatibility and other aspects of the raw materials, combined with the physiological characteristics of the children, especially the flavors, colorants, preservatives and surface activity. Agents and other raw materials.
Legal Liability for production and operations.
For the production and operation requirements of Children Cosmetics, the Regulations comprehensively regulate the production and operation activities of Children Cosmetics operators, including but not limited to the establishment of purchase inspection record system, online operation requirements, adverse reaction detection requirements and non-compliance product recall system.
For example, if it is identified during sample inspection that there are quality and safety problems in Children Cosmetics, the cosmetics registrant, filing party, and the entrusted manufacturer shall immediately stop production, conduct a self-inspection, and report to the local provincial authority. In addition, if the imported Children Cosmetics is identified contained substances that may be harmful to human health, such importing may be suspended accordingly.
Our team regularly advises foreign cosmetics companies and business leaders in cosmetics distribution, helping them to negotiate and sign their strategic partnerships and their significant distribution agreement online and offline for the Chinese market.
Shall you have any further insight or specific concern on operating Children Cosmetics in China, please do not hesitate to share with us.
