The cosmetics industry in China is a thriving market, but it comes with its own set of regulations and requirements. One crucial aspect for cosmetics businesses operating in China is obtaining and maintaining the necessary certificates.
In June 2023, National Institute for Food and Drug Control issued official answers to some frequently asked questions raised by applicants for making changes to their cosmetics certificate.
Question 01: If the registrant is absorbed or merged into another company or establishes a subsidiary, can they apply for a change in the registrant?
According to Article 49 of the Administrative Measures for the Registration and Filing of Cosmetics, cosmetics registration certificates cannot be transferred.
If the original registrant's legal status is canceled due to reasons such as corporate mergers or separations, and the registrant needs to be changed to a newly established company or another organization, the change in registration should be applied in accordance with the provisions of the Measure.
Question 02: Can applications for changes, re-issuance, or extensions be made for depilatory, breast enhancement, bodybuilding, and deodorant cosmetics?
With regard to the Announcement of the National Medical Products Administration (NMPA) on the Implementation of the Regulations on the Supervision and Administration of Cosmetics (No. 144 of 2020) and its further clarification of the Transition Period Management of Original Special Cosmetics (No. 150 of 2021), during the transition period, cosmetics registrants can apply to NMPA for the cancellation of administrative licensing for five categories of original special cosmetics, namely hair growth products, depilatory, breast enhancement, bodybuilding, and deodorant.
Apart from this, NMPA will no longer accept applications for changes, re-issuance, or extensions of other administrative licenses for related products.
If there are changes in matters that do not involve safety or efficacy claims, cosmetics registrants should promptly file them with NMPA. For eligible applications, applicants can submit paper documents offline.
Under Article 48 of the Administrative Measures for the Registration and Filing of Cosmetics, for applying to change the domestic responsible person, the following documents need to be submitted: a product list under the name of the intended new domestic responsible person, a letter of consent from the original domestic responsible person or a court document (such as a ruling, judgment, or mediation agreement) proving the change of the domestic responsible person, and a commitment letter from the intended new domestic responsible person.
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