Asia-Pacific Regulatory Update: Online Supervision, Compliance, Ingredients, CBD Ban, Pre-market Approval and More

Jan 27th, 2023
Winnie Xu, ChemLinked Hangzhou, China
Cosmetics & Toiletries
This article covers regulatory updates made between August and December 2022 in China, Hong Kong S.A.R., South Korea, Thailand and the Phillipines. Many focus on increased ingredient restrictions; most notably a ban on CBD products in Hong Kong S.A.R.
This article covers regulatory updates made between August and December 2022 in China, Hong Kong S.A.R., South Korea, Thailand and the Phillipines. Many focus on increased ingredient restrictions; most notably a ban on CBD products in Hong Kong S.A.R.
CT2302_Regulatory_Xu_DM

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From late August to December 2022, the Asia-Pacific region has witnessed many regulatory updates. The Chinese mainland introduced new regulations for online cosmetic supervision, relaxed the requirements for cosmetic ingredient safety information submission, clarified some compliance requirements of Chinese customs, etc. Other countries such as Thailand and Indonesia have also made significant regulatory changes. Following are brief updates.

China: Online Supervision

On Aug. 17, 2022, the China National Medical Products Administration (NMPA) launched a three-week public consultation on the draft of "Supervision and Administration Measures on Online Operation of Cosmetics," which is the first regulation specifically targeting cosmetic online marketing.1 The draft spells out the supervision and administration requirements on cosmetic e-commerce platforms, cosmetics operators on the platforms, and supervision and administration departments.

Highlights of the draft include the following:

  1. Stipulation that the draft is applicable to stakeholders of online marketplaces within the territory of China, except for cross-border e-commerce; common examples include platforms such as Taobao, Taobao merchants, brands’ official websites, etc.
  2. Refinement of the management responsibilities of cosmetics e-commerce platforms; the supervision focus lies on product compliance and advertising claims.
  3. Clarification of the management responsibilities of cosmetic operators on e-commerce platforms, especially in terms of supervision for the purchase inspection of the products and the display of product information.

China: E-format Certificates

On Aug. 19, 2022, China NMPA announced that as of Oct. 1, 2022, only electronic registration certificates would be issued for the fresh registration applications of special cosmetics and new ingredients, as well as the registration change and renewal applications of special products. The e-format certificates will be delivered to registrants via NMPA’s online platform.2

Notably, previously issued paper registration certificates will remain valid until the end of their five-year validity period. If any changes to them are approved, the registrants shall return the existing paper certificates to the NMPA.

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References:

  1. National Medical Products Administration (NMPA). (2022, Aug 17). NMPA solicits public opinions on the "Supervision and Administration Measures on Online Operation of Cosmetics (Draft for Comments)." Available at: https://www.nmpa.gov.cn/xxgk/zhqyj/zhqyjhzhp/20220817164223195.html
  2. NMPA. (2022, Aug 19). Announcement of NMPA on the Formal Implementation of Electronic Registration Certificates for Cosmetics (No. 64 of 2022). Available at: https://www.nmpa.gov.cn/xxgk/ggtg/qtggtg/20220819144730179.html
Cosmetics & Toiletries February 2023
This content appeared in the February 2023 digital edition.

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