This article mainly analyzes the situations and punishment measures of labels that do not comply with the regulations.
There are two types of label non-compliance:
1. Label flaws
The font size of characters, symbols, and numbers is not standardized, there are multiple characters, missing characters, typos, or non-standard Chinese characters;
The labeling method and format of the shelf life and net content are not standardized;
Cosmetic packaging labels are not clear and difficult to identify and read, or part of the printing characters falls off or is not firmly pasted;
The name of cosmetic product ingredients is not standardized or the ingredients are not listed in descending order of formula content;
Fail to use guide words in accordance with the Measures for the Administration of Cosmetics Labels;
The Chinese name of the product is not marked in a prominent position;
Other circumstances where labels violate measures but do not affect the quality and safety of products and will not mislead consumers.
Penalty: If the labels of the cosmetics produced and operated have the above flaws but do not affect the quality and safety and will not mislead consumers, the department in charge of drug supervision and administration shall order them to correct (the labels can be reprinted, or the flaws can be corrected by affixing and covering, but the corrected labels shall be clear, durable, easy to identify and read without situations such as falling off of printing characters, loose pasting, etc.). Those who refuse to make corrections shall be fined not more than 2000 ¥.
2. Non-label flaws
There are prohibited ingredients in the full ingredients of cosmetic labels, which are illegally added;
The ingredients on the label are inconsistent with the actual production formula;
Warning words shall be marked but fail to mark, which will cause harm to human health and safety;
Falsification of the registration certificate number of special cosmetics;
There are safety problems in the instructions, or it exceeds the scope of cosmetics (use by introducing, injection, oral solution);
Penalties are based on the severity of the circumstances:
Confiscation penalty: The department in charge of drug supervision and administration confiscates illegal income, and illegally produced and operated cosmetics, and may confiscate raw materials, packaging materials, tools, equipment, and other items specially used for illegal production and operation;
Fines: If the value of illegally produced and operated cosmetics is less than 10,000 yuan, a fine of more than 10,000 yuan but less than 30,000 yuan will be imposed; if the value of the cosmetics is more than 10,000 yuan, a fine of more than 3 times but not more than 10 times the value of the goods will be imposed;
Accountability and punishment: If the circumstances are serious, cosmetic enterprises shall be ordered to suspend production and business activities, the filing department shall cancel the filing or the original license-issuing department revoke the cosmetic license. The legal person or main responsible persons, other directly responsible persons in charge of illegal enterprises shall be fined not less than 1 time but not more than 2 times the income obtained from the enterprise in the previous year, and they shall be prohibited from engaging in cosmetics production and business activities within 5 years.