Regulation Updates in China: Skin Care, Cosmetics for Children, Misleading Claim Crackdown

On October 11, China's National Medical Product Association (NMPA) took action against illegal cosmetics sold both online and offline. The crackdown aims to clean up sales of cosmetic products that are:

1) unregistered/unfiled;
2) mislabelled / misdeclared;
3) with quality and safety risks.

In particular, the focus is now on those claiming medical skin care/cosmeceutical, stem cell and chemical peel.

On October 8, NMPA introduced Supervision and Administration Provisions on Children Cosmetics, effective from 2022 January 1. Setting much stricter rules on cosmetic products for children aged 12 and under, the new regulation covers all aspects of product manufacturing and operation management ranging from registration / notification, labeling, sampling inspection, to post-market surveillance. 

On the product claiming and marketing, the new regulation for the first time clarifies that the terms of “edible” and “food-grade” or other similar ones are not allowed to be labelled in children cosmetic products, including toothpaste. And if suggesting suitable for all demographics or family members, the product shall subject to this new regulation. On the product formulating guidelines, the draft regulation clarifies that children cosmetics shall focus on four major types of functions: cleansing, moisturizing, sweat-absorbing/cooling & drying, and sun care. 

On September 23, Ministry of Agriculture and Rural Affairs has clarified that any product with mosquito repellents/mosquitocides effects, are classified into and regulated under the category of Agricultural Pesticides, instead of Cosmetic Product. And therefore, florida water / spray claiming mosquito repellent, used to sold as a very popular cosmetic product in Summer over past decades, will face much stringent regulatory crackdown.