China: A Thing of Beauty New Regulations Coming for Cosmetics

作者/编者:肖马克 刘冠男 郑未
作者单位:金杜律师事务所
创作年代:2019
出处/来源:金杜律师事务所
学科分类:行政法学
所属机构:金杜律师事务所
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摘要

Cosmetics is big business in mainland China and growing. The size and growth of the Chinese cosmetics market has not gone unnoticed by the authorities. The PRC authorities are now overhauling the system to better regulate the cosmetics industry. The Regulations on Hygiene Supervision of Cosmetics (“Current Regulation ”)are the most important and also primary regulation that currently governs the production of cosmetics and the operation of cosmetics companies in China. As the Current Regulation is too outdated to deal with new issues that continue to emerge in the cosmetics industry, the second draft of Regulations on Supervision and Administration of Cosmetics(“Second Draft”) was circulated for comment amongst cosmetics industry associations and stakeholders back in August 2018. A final draft is anticipated to be issued in the near future and when this happens it will replace the Current Regulation. For overseas cosmetics manufacturers the Second Draft provides more market access; less red tape and more certainty. On the negative side the Second Draft will increase obligations and expands the types of measures the Chinese authorities can take. However, none of the measures are highly surprising and the triggers for taking action are also reasonable. Few international manufacturers are likely to be anxious about such measures. It would be wise for overseas manufacturers to monitor the progress of the new Chinese regulations on cosmetics as they will not bring just increased levels of responsibilities but very welcome market access and clarity.

关键词: Cosmetics Supervision; Second Draft; Non-special Use Cosmetics; Supplementary Testing

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