Recently, NMPA released Cosmetics supervision and administration FAQ (V), the content of which explicitly prohibits the labeling such as “supervise by”, “produced by”, “brand authorization”.
Some enterprises said: “We have brand authorization letter and relevant cooperation agreement which identify the enterprise as ‘supervisor’, ‘producer’, why can’t we label that?”
First of all, we need to specify the Responsible Body related to cosmetic production and business and the responsibilities it should bear.
According to Cosmetic Supervision and Administration Regulation(CASR), cosmetic registrants and notifiers claim responsibility for the quality safety and efficacy claim of cosmetics.
Cosmetics producers and operators should be in accordance with the laws, regulations, mandatory national standards, technical specifications to engage in production and business activities, strengthen management, honest and self-discipline to ensure the quality and safety of cosmetics.
Overseas cosmetic registrants, notifiers should designate enterprise legal person within mainland China as the Chinese responsible person for cosmetic registration, notification, to assist in cosmetic adverse reaction monitoring, the implementation of product recall.
Cosmetics registrants, notifiers are the Responsible Body of cosmetics, claiming responsibility for the safety of the product and efficacy claims, while other responsible bodies involved in the production and operation of the product, such as the Chinese responsible person, the actual manufacturer, distributor, in their respective areas of responsibility are responsible for product quality and safety.
Cosmetics are health-related products which is closely associated with consumers’ interests. In order to protect the interests of consumers and facilitate consumers to know clearly the product responsibility body, cosmetic labeling should be in accordance with regulatory requirements, clearly marks product registrant, notifier, Chinese responsible person and the actual manufacturer’s information.
Words such as “Supervised by”, “Produced by”, “Brand authorization” are related to production and business. However there is no specific definition for it in the regulations and its relevant responsibilities and obligations are not stipulated. Both consumers and companies themselves have different interpretations of these words. The labeling of similar words on the product label may lead to misunderstandings among consumers about the subject of responsibility for the product.
CSAR stipulates that labeling of cosmetics with false or misleading information on cosmetic products is prohibited. Therefore, “Supervised by”, “Produced by”, “Brand authorization” , these contents shouldn’t be marked on the label.
So how to label the enterprise information?
Cosmetics label should be clearly marked with the registrant, the notifier, the name and address of the manufacture. If the registrant or the notifier are from overseas enterprises, the name and address of the Chinese responsible person should be marked at the same time.
1.Leading words should be written normatively and explicitly when labeling, such as:
Name of notifier:
Address of notifier:
Name of Chinese responsible person:
Address of Chinese responsible person:
Name of manufacturer:
Address of manufacturer:
2.If the product is in segmented production, manufacturer shall mark the factory information of the final filling process.
3.If there are multiple factories, the name and address of each factory should be marked separately.
Mark other trademarks on the product label apart from the trademark in product notification name is also a behavior that misleads consumers, which may result in the situation where consumers can’t accurately determine who is the producer and responsibility body of the product. It’s also regarded as the content that is prohibited to mark.
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ZMUni regulatory compliance services in China include:
- Registration Service of Special Cosmetic Products
- Filing/Notification Service of General Cosmetic Products
- Infant/Children General Cosmetic Products Filing/Notification Service
- Infant/Children Sunscreen Cosmetic Products Registration Service
- New Cosmetic Ingredients (NCI) Filing/Notification and Registration Service
- Cosmetic Ingredients Code Application Service
- Cosmetic Efficacy Claim Evaluation Service
- Chinese responsible person service
- Apply for CITES permit or certificate of endangered species Service
- Toothpaste Filing/Notification Service
- Mouthwash etc. Dental Care Products regulatory compliance Service
- Custom clearance service
- Disinfection products Filing/Notification Service
- Anti-bacterial products Filing/Notification Service
- QMS (Quality Management System) service
- ACR (Adverse Cosmetic Reaction) Service
- Labelling Reviews
- Regulatory Dossiers
- Compliance Solutions
- Regulatory Support