EnterCo has sorted out some Beijing MPA faqs on the general cosmetic notification in China issued in December 2022.
1. How should the Chinese label of imported cosmetics mark the contents of efficacy claims?
According to Article 6 of the Measures for the Administration of Cosmetics Labels, if a Chinese label is affixed, the contents of the product safety and efficacy claims on the Chinese label shall be consistent with the contents of the original label.
There are two situations in the labeling of the efficacy claims of the Chinese label of imported cosmetics:
(1) If the original label does not have the related contents of the efficacy claims, the contents related to the efficacy claims shall not be marked on the Chinese label affixed.
(2) If the original label has related contents of the efficacy claims, the contents related to the efficacy claims shall be marked on the Chinese label affixed.
2. For products with multiple sales packages, can I provide the label image of only one of the sales packages?
According to Article 32 (4) of the Provisions for the Registration or Filing Dossier of Cosmetics, if there are multiple sales packages, the label images of all sales packages shall be submitted. If one or more of the following situations are met, the label image of one of the sales packages shall be submitted, and the label image of the other sales packages may not be uploaded repeatedly:
(1) Only the net content specifications are different;
(2) Only the information such as sales channel, promotions, special funds for festivals, gifts, etc. are attached to the uploaded sales package;
(3) Only the color of the sales package is different;
(4) The registered or filed products are sold in combination in the form of sets, gift boxes, etc., and the combination process does not touch the product content. Except for adding the name of the combined packaging product, the other marked contents do not exceed the contents of each product label;
(5) The difference between the sales package and the uploaded one can be clearly reflected through the text description and has been noted.
3. If the registered trademark in the product name uses letters, Chinese pinyin, numbers, symbols, etc., do I need to explain its specific meaning?
According to Article 9 of the Measures for the Administration of Cosmetics Labels, the Chinese names of cosmetics shall not be named with letters, Chinese pinyin, numbers, symbols, etc., except for the registered trademark, sunscreen index, color numbers, serial numbers, or other names that must use letters, Chinese pinyin, numbers, symbols, etc. If the registered trademark in the Chinese name of the product uses letters, Chinese pinyin, numbers, symbols, etc., the meaning shall be explained in the visible surface of the product sales package.
4. Can words indicating raw materials be used in product names?
According to Article 8 of the Measures for the Administration of Cosmetics Labels, words that imply certain kinds of raw materials are used as the brand name: If such raw materials are contained in the product formula, the purpose of use shall be explained on the visible surface of the sales package; If such raw materials are not contained in the product formula, it shall be labeled and marked definitely on the visible surface of the sales package that such raw materials are not contained and relevant words are only used as the brand name.
Generic names shall be accurate and objective. It can be the words that indicate product raw materials or describe the purpose and site of action. The specific names of raw materials or words indicating the category of raw materials shall be consistent with the ingredients of the product formula, and the raw materials efficacy in the product shall be consistent with the product efficacy claims. If the name of animal, plant, or mineral is used to describe the flavor, color, or shape of the product, the formula may not contain this raw material. Generic names may use the name of the animal, plant, or mineral along with the fragrance, color, or shape. Or the information may be noted after the attribute name.
5. How is the transitional period of the Measures for the Administration of Cosmetics Labels regulated?
As of May 1, 2022, the product label of cosmetics that apply for registration or filing must comply with the provisions and requirements of the Measures. If the cosmetics that apply for registration or filing before May 1, 2022, fail to be labeled in accordance with the Measures, the cosmetics registrants or filers shall complete the update of the product label before May 1, 2023, to make it conform to the provisions and requirements of the Measures.
6. How should products with small packaging be labeled standardly?
According to Article 17 of the Measures for the Administration of Cosmetics Labels, for small-size packaged products with a net content of no more than 15g or 15mL of cosmetics, only the Chinese name, the number of the special cosmetics registration certificate, the name of the registrant or the filer, the net content, the service life and other information shall be marked on the visible surface of the sales package, and other information that shall be marked can be marked in the manual attached to the product.
For small-size packaged products with packaging boxes, the Chinese name and service life of the products shall also be marked on the packaging containers that directly contact the contents.