China’s Crackdown on the Illegal Use of Registration/Notification Numbers for Cosmetics

 

Recently, market regulation departments in China have conducted nationwide inspections to crack down on the illegal use of registration/notification numbers for cosmetics.

In China, all cosmetics that are placed in the market must be registered or notified. Special cosmetics such as hair dyeing, perming, freckle removing and whitening, sunscreen, and anti-hair loss products require registration and must be approved by the National Medical Products Administration (NMPA) before they can be marketed. The NMPA will give the product an approval number which must be marked on the product label.

Cosmetics other than special cosmetics are considered general cosmetics and must be notified with the drug regulatory department before being marketed. The NMPA will give the product a notification number which must be marked on the product label.

Due to the fact that registering or notifying a product requires companies to prepare a large amount of data, conduct a large number of tests and evaluations, and is time-consuming and laborious, some companies have come up with non-compliant ideas and used the same number given by the NMPA on different products. This practice has given some unqualified products a legal cover, seriously deceiving and misleading consumers. Using these products with fake numbers also poses huge safety risks.

Previously, due to the lack of sound regulations, there were no good measures to deal with such violations. The promulgation of the Cosmetic Supervision and Administration Regulations and its supporting regulations provides sufficient basis and means to crack down on such illegal acts. In response to the problem of using one number for multiple products that has existed in the industry for many years, the drug regulatory department has organized special actions to rectify it.

ZMUni has compiled a list of the different types of using one number for multiple products. This can help foreign businesses better understand this regulation and avoid non-compliant practices.

Using One Number for Multiple Names

The illegal practice of using one number for multiple names is when a product label is marked with a name other than the registered or notified name of the product or with text that can be easily mistaken for the product name. This can lead to misunderstandings by consumers about the name of the product.

In other words, if the display of your product name is different from the one you submit for registration/notification, it is non-compliant.

Using One Number for Multiple Trademarks

The illegal practice of using one number for multiple trademarks is when a product label is marked with a trademark other than the trademark listed in the cosmetics registration/notification information or with text that can be easily mistaken for a trademark. This can lead to misunderstandings by consumers about the quality and safety of the product and the responsible party.

Using One Number for Multiple Responsible Parties

The illegal practice of using one number for multiple responsible parties is when a product label is marked with words such as “supervised,” “produced,” “authorized,” or other related terms that can lead to misunderstandings by consumers about the quality and safety of the product and the responsible party.

Some products with marks such as ‘Supervised by ... University’, ‘Authorized by .... Institute’ can be problematic.  

This practice may violate Article 9 of the Advertising Law, which prohibits the use or indication of the names or images of government agencies or their staff in advertising. It may also violate Article 19 of the Cosmetic Labeling Management Measures, which prohibits the use of the names or images of government agencies, public institutions, medical institutions, public welfare organizations, and their staff or appointed experts as proof or endorsement. The use of these names and images can mislead the public about the quality and safety of products and is not in compliance with regulations.

The strict cosmetic regulations in China can be challenging for small companies and manufacturers with limited finances and innovation capabilities. These companies may struggle to meet all the regulations and may not be able to survive. However, these regulations also provide opportunities for compliant companies that are able to provide products with good quality, safety, and efficacy. This can contribute to a healthier and better cosmetics industry in China overall.

If you have any questions about the legal use of registration/notification numbers in China, please feel free to contact us for consultation: info@zmuni.com