FAQs regarding Common Issues on Cosmetic Production and Operation

On May 10, 2024, China's National Medical Products Administration released a FAQ on common issues regarding cosmetic production and operation, covering topics such as the repackaging and sale of cosmetics, and cosmetic labeling.

Details are as follows:

Q1: Can cosmetic operators repackage cosmetics into smaller packages for sale?

Cosmetic operators, as well as beauty salons, hotels, and other establishments that use cosmetics in their operations or provide cosmetics to consumers (hereinafter collectively referred to as "cosmetic operators"), who repackage cosmetics into smaller packages, are engaging in cosmetic production activities if they come into contact with the contents of the cosmetics. Such activities require a cosmetic production license. If cosmetic operators repack cosmetics in a manner that involves contact with the contents without a cosmetic production license, their actions are suspected of being illegal and should be prohibited.

Q2: What should be included in a product label draft?

The product label draft should include text, symbols, numbers, and graphics that identify and explain the basic information, attributes, and safety warnings of the cosmetics intended for market sale on the packaging. In addition to the content required to be labeled by relevant regulations, any content related to product safety and efficacy claims that the company chooses to include on the product label should also be reported in the product label draft. Content not marked on the product label, such as the product brand philosophy, corporate culture, and founder's research and development stories used in product advertising, should not be reported in the product label draft by the cosmetic registrant or filer.

Q3: How should cosmetic operators within a platform disclose cosmetic label information?

According to the "Regulations on the Supervision and Management of Online Cosmetics Operations," cosmetic operators within a platform are required to fulfill the duty of disclosing cosmetic information. They must disclose comprehensive, true, accurate, clear, and timely information consistent with the registered or filed data, including all contents of the cosmetic labels they manage. Considering the difficulty of disclosing the "expiration date" of products for each batch due to multiple batches being managed, to ensure consumers' right to be informed, cosmetic operators within the platform may prominently indicate on their product display pages that details of the product's expiration date can be found on the product's sales packaging.

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