Guangzhou Municipal Supervision - Q&A on the Filing of Ordinary Cosmetics (57 issues)

1. Q: What is a "cosmetic sample"?

Answer: "Cosmetic samples" are commonly known in the industry and are gradually forming a new retail format. Generally, it refers to cosmetics packaged in smaller containers compared to formal products sold in the market. It is often used as a trial product or a gift for sale with formal products. It can also be used as a sales item and has the characteristics of small capacity and easy portability.

2. Q: What are the requirements for labeling cosmetics samples?

Answer: "Cosmetic samples" should present the relevant information of the product to consumers truthfully, completely, and accurately at the label. Cosmetic samples without Chinese names, registered or filed names, or expiration dates are illegal products and should be prohibited.

According to Article 17 and Article 21 of the Measures for the Administration of Cosmetic Labels, cosmetics provided to consumers in the form of free trial, gift, exchange, etc. shall be labeled according to this method. Small specification packaging products with a net content of no more than 15g or 15mL of cosmetics only need to be labeled with the Chinese name of the product, the registration certificate number of the special cosmetics, the name of the registrant or filer, the net content, and the expiration date on the visible side of the sales packaging. Other information that should be labeled can be labeled in the accompanying product manual.

3. Q: What are the requirements for the production of "cosmetic samples"?

Answer: According to the Measures for the Supervision and Administration of Cosmetic Production and Operation, the production of cosmetics (including samples) should be carried out by enterprises that have obtained a Cosmetic Production License. Cosmetic operators are not allowed to prepare cosmetics (including small samples) for sale on their own. When preparing, filling, or filling cosmetics, they must obtain a cosmetics production license. It is strictly prohibited to engage in illegal production activities such as fake cosmetic samples, genuine packaging, and illegal addition.

4. Q: What are the requirements for registering and filing "cosmetic samples"?

Answer: The country implements registration management for special cosmetics and filing management for ordinary cosmetics. Special cosmetic samples must be registered with the National Medical Products Administration before production or import. Ordinary cosmetic samples must be filed with the local drug regulatory department before being put on the market for sale or import.

When filing for ordinary cosmetics or before listing special cosmetics, the registrant, registrant, or domestic responsible person shall upload label images of the product's sales packaging. If there are multiple sales packages, label images of all sales packages should be submitted. If the sample belongs to a category with only different net content specifications, it can be exempted from uploading. For ordinary cosmetics, all specifications can be filled in the "net content" section of the "product label" module in the filing management system. For special cosmetics, specification information can be noted and explained when uploading sales packages.

5. Q: What are the requirements for the operation of "cosmetic samples"?

Answer: Cosmetic samples are not "lawless places". According to the Measures for the Supervision and Administration of Cosmetic Production and Operation, if cosmetic operators provide cosmetics to consumers in the form of free trial, gift, exchange, etc., they shall fulfill the obligations of cosmetic operators stipulated in the Regulations on the Supervision and Administration of Cosmetics and the Measures in accordance with the law, including the supplier review system, purchase inspection records, and other related systems.

Guangzhou Municipal Supervision - Q&A on the Filing of Ordinary Cosmetics (58 issues)

1.Q: Can the product name be changed after submitting the filing materials for ordinary cosmetics?

Answer: According to Article 36 of the Measures for the Administration of Cosmetic Registration and Filing, ordinary cosmetics that have already been registered shall not change their product names without justifiable reasons. After the cosmetic registrant submits the registration materials on the information service platform, the registration is completed and there is no "withdrawal" function. Therefore, before submitting the filing materials to the information service platform, the cosmetic filing person must carefully verify the consistency between the product name filled in by the information service platform and the product name on the product label, especially paying attention to avoiding errors and omissions.

2. Q: What are the regulations for the use of cosmetic trademark names?

Answer: According to Article 8, Paragraph 1 of the Measures for the Administration of Cosmetic Labels, the use of a trademark name should not only comply with the relevant laws and regulations of the country on trademarks, but also comply with the relevant laws and regulations of the country on the management of cosmetics. Even if it is a registered trademark, it is not allowed to claim medical effects or functions that the product does not have in the form of a trade mark name. It is not allowed to use the patterns, font color size, color difference, homophonic or suggestive words, letters, Chinese pinyin, numbers, symbols, etc. in the trademark to imply medical effects or make false claims. Products such as "Bianque", "Li Shizhen", "veteran military doctor", and "lao jun yi" that imply medical effects cannot be used as cosmetic trademark names.

In addition, using language implying the presence of a certain type of raw material as a trademark name, if the product formula contains such raw material, the purpose of its use should be clearly stated in the sales packaging; If the product formula does not contain such raw materials, it shall be clearly marked on the visible surface of the sales packaging that the product does not contain such raw materials, and the relevant terms shall be used only as a trademark name.

3. Q: Can the specific raw material name be used as a suffix for cosmetic product names?

Answer: According to Article 8 of the "Regulations on the Administration of Cosmetic Labels", "generic name" can refer to the text indicating the raw materials of the product or describing the purpose, usage area, etc. of the product, while "suffix" refers to the same trademark name, generic name, or attribute name of different products. Other content that needs to be labeled should be indicated after the attribute name, including color or color number, sun protection index, odor, suitable hair type, skin type, or specific population, etc.

Therefore, when the product formula contains a certain raw material, the vocabulary indicating the raw material in the name belongs to the category of "common name", and the efficacy of the raw material in the product should match the claimed efficacy. This situation should not be used as a "suffix" of the product name. When using the names of animal, plant, or mineral raw materials to describe the fragrance, color, or shape of a product, the naming can be in the form of adding the fragrance, color, or shape of the animal, plant, or mineral name to the "common name", or indicated in the "suffix". For example, "xxx Rose Fragrance Refreshing Shower Gel" or "xxx Refreshing Shower Gel (Rose Fragrance)".

4. Q: Can non-standard Chinese characters be used as generic names for cosmetics?

Answer: Article 9 of the "Regulations on the Administration of Cosmetic Labels" stipulates that Chinese names for cosmetics shall not use letters, Chinese Pinyin, numbers, symbols, etc. for naming, except for registered trademarks, indicating sun protection index, color code, series number, or other names that must use letters, Chinese Pinyin, numbers, symbols, etc. If the registered trademark in the Chinese name of a product uses letters, Chinese Pinyin, numbers, symbols, etc., its meaning should be explained and explained visually in the product sales packaging. For example, "XX brand morning A night C face cream" and "XX brand Q10 essence liquid" use letters or numbers as common names, which does not meet the requirements of the Measures.

5. Q: What are the requirements for using innovative language as a product name?

Answer: Article 18 of the "Measures for the Administration of Cosmetic Labels" stipulates that if the use of innovative terms in cosmetic labels that have not yet been widely used in the industry makes it difficult for consumers to understand, but are not prohibited from labeling content, their meanings should be explained and explained in adjacent positions. Article 19, Paragraph 4 prohibits the use of terminology or mechanisms that have not yet been widely accepted by the scientific community to fabricate concepts and mislead consumers.

Innovative language should be reasonable, and its meaning should be explained in adjacent positions. It is not allowed to use existing concepts in the scientific community or other fields to mislead consumers into believing that the product has special effects. For example, "quantum skincare" applies quantum science to unrelated cosmetic efficacy in practice, while "photon rejuvenation" describes cosmetic efficacy in medical device industry terminology, which is suspected of false concepts.