On April 4, 2023, China NMPA (National Medical Products Administration) issued the Measures for the Supervision and Administration of Cosmetics Online Operation, which shall be effective as of September 1, 2023.
The Measures consist of 5 Chapters and 35 Articles. The main contents include:
1. Clarify the regulatory targets and departments for cosmetic online operation. Specify cosmetic e-commerce operators include cosmetic e-commerce platform operators (hereinafter referred to as Platform), cosmetic operators within the platform, and e-commerce operators who operate cosmetics through self-built websites and other online services. Specify that NMPA and the drug regulatory department at or above the county level are responsible for the supervision and management of cosmetics online operation.
2. Clarify the Platform's responsibility for the management of operators within the Platform. It has stipulated that the management responsibility for the Platform is to carry out real-name registration, daily inspections, illegal behavior suppression and reporting, major quality and safety information reporting, etc.
3. Clarify the legal obligations of cosmetic operators within the Platform. It specifies the obligations that cosmetic operators within the Platform shall fulfill, including inspection of goods, product information display, risk control, product recall, product storage and transportation, etc.
4. Clarify the regulatory requirements for cosmetics online operation. It has made clear provisions on the supervision and inspection powers, administrative penalty jurisdiction, online sampling inspection, evidence adoption, and online operation monitoring involved in the supervision of cosmetics online operation.
Note: The Measures specify that those engaged in cosmetic online operation, providing cosmetic e-commerce platform services, and their supervision and management, within the territory of China shall be subject to these Measures. However, those engaged in cross-border e-commerce retail imports of cosmetics shall not be subject to these Measures, and shall comply with relevant national regulations on the supervision of cross-border e-commerce retail imports of goods.
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