China Cosmetic Claims Review
According to the Standard for the Evaluation of Efficacy Claims of Cosmetics (hereinafter referred to as the Standard) issued by NMPA on April 8, 2021, cosmetics registrants and filing persons who apply for special cosmetics registration or general cosmetics filing shall evaluate the cosmetic efficacy claims in accordance with the Standard, and upload the summary of efficacy claims basis on the website designated by NMPA. Feel free to hit me up by booking a meeting.
Points and Time of Cosmetic Efficacy Claims
As of January 1, 2022, cosmetics registrants and filing persons who apply for special cosmetics registration or general cosmetics filing shall evaluate the cosmetic efficacy claims in accordance with the Standard, and upload the summary of efficacy claims basis on the website designated by NMPA.
For cosmetics that have completed registration or filing before May 1, 2021, cosmetics registrants and filing persons shall evaluate the cosmetic efficacy claims in accordance with the Standard, and upload the summary of efficacy claims basis prior to May 1, 2023.
For cosmetics that have completed registration or filing during the period from May 1, 2021, to December 31, 2021, cosmetics registrants and filing persons shall evaluate the cosmetic efficacy claims in accordance with the Standard, and upload the summary of efficacy claims basis prior to May 1, 2023.
Cosmetic Product Claims Review
EnterCo mainly reviews the efficacy claims of cosmetics from two aspects:
1. Whether the evaluation data of cosmetics efficacy claims is compliant
According to the Standard, not all cosmetics need to be evaluated for efficacy claims. For most of the listed cosmetics whose claims can be directly identified by sight, smell, and other senses (such as cleaning, makeup removal, beauty modification, fragrance, refreshing, hair coloring, hair perm, hair color care, hair removal, deodorization, assisted shaving.) are exempt from efficacy evaluation;
Only a few claims that have strong functions (such as anti-spot and whitening, sunscreen, anti-hair loss, anti-acne, nourishment, repair, etc.) are strictly managed with the human efficacy evaluation test is required;
Other efficacy claims evaluation can be carried out through literature reference, research data, or efficacy claim evaluation tests. Cosmetic efficacy claims evaluation requirements are below:
1. The items marked with√ in the options column are required items;
2. The items marked with * are optional items, but at least one item must be selected;
3. The items with △ in the options column are compatible items, but they must be used in conjunction with human Trial Tests, consumer use tests, or laboratory tests.
① If the freckle-removing and whitening is only achieved through physical covering, and it is clearly indicated as a physical effect on the label, the submission of product efficacy claim evaluation data can be exempted;
② If the efficacy claims that the action site is only hair, the real hair in vitro can be selected for evaluation.
2. Whether the cosmetic efficacy claim uses prohibited words
According to the Measures for the Administration of Cosmetics Labels and other regulatory documents, cosmetics claims shall be determined according to their context. The prohibited meanings or words include but are not limited to the following words:
Absolute words: Such as quick-action, super-strong, all-round, special grade, skin peel, wrinkles removal, etc.
False words: For example, cosmetics that only add some natural product ingredients, but claim that the product is "purely natural".
Exaggerated words: For example, "professional" can be applied to hair dye, hair perm, finger nails, and other products used in professional shops or by professionally trained personnel, but it is an exaggeration to use it for other products.
Medical terms, words expressing or implying medical efficacy: Such as prescription, medicinal use, treatment, detoxification, anti-allergy, sterilization, no spot, scar removal, hair growth, fat dissolution, weight loss, various skin disease names and other disease names, etc.
The names of medical celebrities. Such as Bian Que, Hua Tuo, Zhang Zhongjing, Li Shizhen, etc.
The name of the approved drug.
The meaning of words that are not related to the characteristics of the product and are not easily understood by consumers. Such as decoding, digital, intelligent, infrared, etc.
Vulgar words: For example, when "naked" is used for "nudity", it is a vulgar word and cannot be used; when it is used for "naked makeup" (such as make-up cosmetics), it can be used.
Feudal superstitious words: Such as ghosts, goblins, hexagrams, evil spirits, souls, etc.
Words that claim the purpose of the product beyond the scope. For example, the claim of special cosmetics shall not exceed the definition. General cosmetics shall not claim the efficacy of special cosmetics.