The National Medical Products Administration has released answers to common questions regarding the production and operation of cosmetics (II)
The National Medical Products Administration has released the Frequently Asked Questions on Cosmetic Production and Operation (II), with detailed information as follows:
1. Question: Can cosmetics operators "package" large packaged cosmetics into small packages and sell them?
Answer: According to the Regulations on the Supervision and Administration of Cosmetics, the minimum sales unit of cosmetics should have a label. According to the Measures for the Supervision and Administration of Cosmetic Production and Operation, the preparation, filling, and filling of cosmetic contents must obtain a cosmetic production license. Based on this, cosmetic operators, as well as beauty and hairdressing institutions, hotels, etc. that use cosmetics or provide cosmetics to consumers in their operations (hereinafter collectively referred to as "cosmetic operators"), "package" large packaged cosmetics into small packages. If their behavior comes into contact with the contents of cosmetics, it is considered a cosmetic production behavior and they should obtain a cosmetic production license. The act of cosmetic operators packaging and selling cosmetics in contact with the contents of cosmetics without obtaining a cosmetic production license is suspected to be illegal and should be prohibited.
2. Question: What content should be included in the product label sample draft?
Answer: According to the Regulations on the Supervision and Administration of Cosmetics, cosmetic labels should indicate the product name, special cosmetic registration certificate number, registrant, filer, name and address of the entrusted production enterprise, standard number of the product, total ingredients, net content, shelf life, usage method, and necessary safety warnings. According to the relevant provisions of the Measures for the Administration of Cosmetic Labels and the Regulations on the Administration of Cosmetic Registration and Filing Materials, product label samples are the basis for the production of cosmetic labels. The registrant and filer of cosmetics shall be responsible for the content of the cosmetic label sample and bear the main responsibility for product quality and safety in accordance with the law.
The sample product label should include text, symbols, numbers, pattern descriptions, etc. on the packaging of cosmetics intended for sale to identify and explain the basic information, attribute characteristics, and safety warnings of the product. In addition to the content that should be labeled according to relevant regulations, the content related to product safety and efficacy claims that enterprises independently choose to label on product labels should be filled in together with the product label sample. For content that is not labeled on the product label, such as the product brand concept, corporate culture, founder's research and development story, and other product advertising content of some companies, the cosmetics registrant and registrant should not fill in the product label sample.
3. Question: How should cosmetic operators on the platform disclose cosmetic label information?
Answer: According to the Measures for the Supervision and Administration of Cosmetic Network Operations, cosmetic operators on the platform shall fulfill their obligation to disclose cosmetic information, comprehensively, truthfully, accurately, clearly, and timely disclose cosmetic labels and other information that are consistent with the registration or filing materials. The disclosed cosmetic label information shall include all the contents of the cosmetic labels they operate. Regarding the disclosure method of product "usage period" in cosmetic label information, considering that cosmetic operators on the platform may operate multiple batches of products, it is difficult to disclose the usage period of each batch of products one by one. To protect consumers' right to know, cosmetic operators on the platform can prominently indicate the product usage period on their product display page. Please refer to the product sales packaging for details.
In addition, according to the Measures for the Supervision and Administration of Cosmetic Network Operations, in addition to disclosing cosmetic label information, other information related to product safety and efficacy claims disclosed by cosmetic operators on the platform should be consistent with the relevant content of the label information and efficacy claim basis abstract in their registration or filing materials for operating cosmetics. It should be emphasized that the "consistency" here is not the "identical" in words, but the meaning expressed is the same. Cosmetic operators on the platform can advertise and promote the safety and efficacy claims of their products on the product display page, which do not exceed the scope and meaning of "the label information and efficacy claims in the product registration or filing materials are based on the relevant content of the abstract".
