EnterCo has sorted out some Beijing MPA faqs on the general cosmetic notification issued in January 2023.
1. The registered trademark in the Chinese name of the product uses letters, Chinese pinyin, numbers, symbols, etc. Can I explain the meaning only on one of the visible surface?
Referring to the FAQ of China National Institutes for Food and Drug Control (NIFDC) on September 28, 2022, if there are the same foreign language registered trademarks on multiple visible surfaces of the product label, you can only explain the meaning with standard Chinese characters on one of the visible surfaces.
2. In the fifth label option of the filing system, what is the relationship between the label sample content and the label image content?
According to Article 32 (3) of the Provisions for the Registration or Filing Dossier of Cosmetics, the contents of the label and the instructions of the uploaded pictures shall not exceed the contents specified in the product label samples. Therefore, the content of the label image shall not exceed the scope of the label sample.
3. The Chinese name of the product contains the name of the ingredient. Is it the ingredient efficacy claim?
According to Article 8 of the Measures for the Administration of Cosmetics Labels, the names of ingredients used should be consistent with the cosmetic efficacy. Therefore, the ingredient name in the Chinese name of the product belongs to the ingredient efficacy claim, and the corresponding option should be checked in the fifth item of the filing system.
4. The formula of adult cosmetics contains salicylic acid, and the packaging is marked with a sentence that "this product contains salicylic acid, and it is not suitable for infants under three years old". Does it mean that this product is suitable for children aged 3-12?
No, this sentence is a specific label for the product that contains salicylic acid according to the requirements of technical specifications, and it does not mean that it is available for children aged 3-12. Whether the product is suitable for children should be distinguished from the use method of the product.
In addition, the best way to distinguish children's cosmetics now is to see if there is a "small gold shield" logo on the display surface of the product sales package. According to Article 6 of the Provisions for the Supervision and Administration of Children's Cosmetics, children's cosmetics should be marked with the children's cosmetics logo specified by NMPA, namely "small gold shield", on the display surface of the sales package.
5. The product is cancelled due to a formula change. Can the products produced before cancellation be sold until the end of the validity period? If the product is cancelled due to a formula change, can the previous product name be retained when filing again?
Since the date of cancellation, enterprises are not allowed to produce this product again. The products produced by the enterprise according to law before the product cancellation can be sold until the end of the product validity period.
If the product is cancelled due to the change of the original formula, the same product name can be used for filing. It is suggested to mark the new formula or the upgraded formula.
6. How to correctly mark the product implementation standard number?
According to the Cosmetics Supervision and Administration Regulations (CSAR) and Measures for the Administration of Cosmetics Labels, the cosmetic product labels shall be marked with the product implementation standard number. When applying for product registration or filing, the cosmetics registrant or filer shall prepare and submit relevant data of "product implementation standard" in accordance with the requirements of the Provisions for Registration and Filing of Cosmetics and Filing and Provisions for the Registration or Filing Dossier of Cosmetics.
If it is necessary to mark the number of national standards, industrial standards, or other relevant standards other than the product implementation standard number on the cosmetic product label, it shall comply with the requirements of relevant laws and regulations, and the content shall be true, complete, and accurate.
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