On March 6, 2024, Shanghai Municipal Administration for Market Regulation (AMR) and Shanghai Municipal Medical Products Administration (MPA) jointly released the Shanghai Cosmetics Industry Advertising Compliance Guidelines, effective upon release. The Compliance Guidelines consist of 7 chapters and 41 articles, mainly including the following contents:
Specify the Entity's Responsibilities
As advertisers, cosmetic producers and operators should be responsible for the authenticity and legality of advertising content. They should consider advertising activities as an essential component of enterprise compliance management, strengthen the full process management of advertising, establish and preserve advertising files, and establish a sound work system.
Adhere to the Problem Oriented
Targeted guidance and specific compliance requirements are provided for issues that are more concentrated in violation of the law, including advertising orientation, absolute language, data claims, use of medical terminology, demonstration of efficacy, advertising endorsement, false exaggeration, etc.
Meet Creative Needs
Clarify the principle of promoting the efficacy of cosmetics advertising with efficacy claims as the core, and combine the characteristics of advertising activities to allow enterprises to provide certain explanations and descriptions of functions and their effects based on the guidelines of cosmetic efficacy claims, in order to meet the diverse creative needs of cosmetics advertising.
Focus on the Protection of Special Groups
Clarify the special requirements for advertising cosmetics for children, pregnant women, and lactating women. Cosmetics suitable for pregnant and lactating women should be registered, and advertisements for children's cosmetics should not promote adult efficacy. The words "swallowable" and food patterns should not be used to avoid the risk of accidental ingestion. The special symbol for children's cosmetics, "Little Golden Shield", should not be abused.
Pay Attention to Social Governance
Industry organizations should be encouraged to strengthen research and explore the principles and methods of vocabulary and terminology expression tailored to the characteristics of advertising promotion in the cosmetic industry, in order to standardize and guide industry advertising promotion. Both cosmetic companies and industry organizations should be encouraged to carry out popular science promotion and public welfare advertising, serving social needs and fulfilling their corporate social responsibilities.
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