Chinese State Media Exposes Chaos in Whitening Cosmetics: Lack of Management Highlights Safety Risks

Out of 45 batches of samples, 7 batches did not meet the relevant standard requirements.

---

In China, the cosmetics can be divided into two types: special use cosmetics and non-special use cosmetics. The special use cosmetics include Hair growth products, hair dyes, hair perming products, depilating products, breast beauty products, slimming products, deodorants, freckle-removing (whitening) products. Non-special cosmetics are other cosmetics except for special use cosmetics.

As a special cosmetic product, the safety risks of freckle-removing products are relatively high. Therefore, such products should be registration for pre-market obligation. It is not allowed to directly label a product as freckle-removing or whitening without proper registration. However, during the investigation, it was found that some products were being produced and sold without going through the registration approval process of the National Medical Products Administration. And that is far from being the all.

According to the comparative test results of freckle-removing products released by the Jiangsu Consumer Rights Protection Committee last week, out of 45 batches of samples, 7 batches did not meet the relevant standard requirements. Among them, 5 batches of samples had mercury levels exceeding the standard by thousands of times, and in one batch of sample, a day cream, banned hormones were detected to exceed the standard by hundreds of times.

These 7 batches of samples that did not meet the relevant standard requirements did not have any registration information available. All of these samples were from the Taobao platform. The staff of the Consumer Rights Protection Committee explained that for freckle-removing products, going through registration approval, obtaining a registration certificate, and publicly disclosing registration information are the most basic safety assurance procedures.

Du Fei, Director of the Cosmetics Testing Center of Yuandongzhengda Testing Group Co., Ltd.: The Regulations on Supervision and Administration of Cosmetics clearly stipulate that registration management is implemented for freckle-removing whitening products. Production and importation can only be carried out after obtaining registration approval from the National Medical Products Administration. Therefore, these 7 products do not comply with Article 59 of our regulations.

Zhao Xin, Director of the Supervision Department of the Jiangsu Consumer Rights Protection Committee: Unregistered freckle-removing cosmetics are not allowed to be produced or sold. Only products that have been registered and obtained the special cosmetic registration certificate can be claimed to have freckle-removing effects by companies and sales personnel. Otherwise, they cannot make efficacy claims.

Some of the samples from the 7 batches without registration information also have multiple issues. The Taobao platform has not fulfilled its responsibility to verify and regulate the authenticity and quality safety of the products it sells.

Ju Shang, Deputy Secretary-General of the Jiangsu Consumer Rights Protection Committee: E-commerce platforms should have the responsibility to review and regulate the sale of such products. According to relevant laws, platforms should fulfill the obligation to review the qualifications of operators on the platform and ensure consumer safety. Otherwise, platforms that cause consumer harm should bear corresponding legal responsibilities.

The staff of the Consumer Rights Protection Committee further explained that the registration process can ensure the basic safety of consumers using freckle-removing products. In order to make the registration system effectively functi onal, the country has made detailed provisions for the registration process, with the first step being the submission of inspection and testing reports.

Zhao Xin, Director of the Supervision Department of the Jiangsu Consumer Rights Protection Committee: The reports focus on safety and efficacy. The safety report mainly tests heavy metals, microorganisms, and harmful risk substances. Testing companies conduct human efficacy evaluation tests in accordance with mandatory national standards and technical specifications, issue reports, and upload summaries of product efficacy claims. National review agencies will review the authenticity and rationality of the above materials. Therefore, unregistered products provide no guarantee for consumers in terms of safety and efficacy.

The report shows that the problems found in this comparative test go beyond the lack of registration. Among them, 4 batches of samples had discrepancies between the web page claims and the product labels. In another batch, the registration information obtained through the packaging label was for a set, but the actual received sample was a single lotion.

Du Fei, Director of the Cosmetics Testing Center of the Far East ZhenDa Inspection Group Co., Ltd.: If a product claims whitening efficacy on a product detail, it should be considered a special use cosmetic and should be registered. However, in the samples we received, there was a registration number, but upon investigation, it turned out to be for a six-piece set. So, the received sample was actually just one of the items in the set. Therefore, both its claims and the registration number do not match.

The comparative test revealed multiple issues with the whitening and freckle-removing products, including lack of registration information, excessive heavy metals, illegal addition of corticosteroids, and discrepancies between web promotion and labeling.

Freckle-removing products are in high demand on e-commerce platforms. When logging into an e-commerce platform and searching for the keywords "whitening or freckle-removing," over 4,000 related products were found. The products include creams, lotions, masks, and more, with prices ranging from tens to hundreds or even thousands of yuan. Some products have monthly sales volumes reaching tens of thousands.

According to more authoritative data, from early 2022 to the first half of 2023, the Jiangsu Consumer Rights Protection Committee's Consumer Opinion Monitoring Center detected 27,687 pieces of consumer rights protection information related to whitening and freckle-removing products.

While consumers are fighting for their rights, enforcement agencies have also been taking frequent actions. It is astonishing how many illegal records were found for a manufacturer in Guangzhou that produces whitening, sun protection, and other special cosmetics.

Liu Xijiu, Captain of the 7th Enforcement Team of the Market Supervision Administration of Baiyun District, Guangzhou, Guangdong Province: “We received a total of 36 non-compliant testing reports for this company's products, which were randomly inspected by the national bureau and various local authorities, involving more than 30 batches.”

A prominent feature of this manufacturer's products is that they lack the expected effective ingredients but contain many ingredients that should not be present. For example, one of the sunscreen and whitening products produced by this manufacturer claims to contain up to six types of active ingredients based on the formula composition label. However, the national inspection report showed that only two types of sunscreen agents were detected during testing, and the other four stated active ingredients were not found.

Zeng Lingling, Head of the Cosmetics Regulation Section of the Market Supervision Administration of Baiyun District, Guangzhou, Guangdong Province: The production was not carried out according to the formula stated on the registration license. In other words, during the national supervision and random inspection, the detected ingredients and formula of the product did not match the formula stated on the license.

In addition to the inconsistency between the actual ingredients and the labeling on the external packaging, this manufacturer also falsified the manufacturer information. From 2021 to 2023, the China’s National Medical Products Administration has repeatedly reported the situation of non-compliant products in the supervision and random inspection of whitening and freckle-removing cosmetics, with major issues involving excessive heavy metals, detection of prohibited substances and hormones, discrepancies in labeling, and exceeding microbial indicators.

Recently, during a special inspection of cosmetics conducted by the Market Supervision Administration of Huli District, Xiamen, law enforcement officers found that an online beauty store was selling a "moisturizing and hydrating mask" with claims of whitening and freckle-removing effects on the product page. While water can keep the skin moisturized, it is questionable how moisturizing can have a whitening and freckle-removing effect. Law enforcement officers deemed it illogical and decided to investigate this product.

During the verification process, the law enforcement officers found that the product's webpage information did not provide the corresponding special cosmetics registration certificate number. As a result, an on-site inspection of the company was immediately conducted.

Gao Zhenyu, Captain of the Heshan Squadron of the Market Supervision Administration of Huli District, Xiamen: During the on-site inspection, the merchant provided product information for this cosmetic. The product information indicated that it was an ordinary cosmetic, and the merchant could not provide the registration certificate number for special cosmetics. We concluded that the merchant was suspected of engaging in exaggerated and false advertising, which is illegal.

Law enforcement officers explained that without obtaining the registration certificate number for special cosmetics, the merchant attracted consumers to purchase the product with claims of whitening and freckle-removing effects, which constitutes suspected exaggerated and false advertising.

Gao Zhenyu, Captain of the Heshan Squadron of the Market Supervision Administration of Huli District, Xiamen: “We immediately demanded that the merchant cease the illegal activities, remove the sales links of the product for rectification, and take it off the shelves. Our administration has initiated an investigation into this merchant and will handle the case seriously in accordance with the law and regulations. Furthermore, if any quality issues are found during the inspection of the cosmetics, we will seize them and conduct a traceability investigation, ensuring that they do not enter the market.”

Law enforcement officials explained that in the absence of a special cosmetics registration certificate number, businesses attract consumers by exaggerating and making false claims about the effects of their products, such as skin whitening and spot reduction.

Gao Zhenyu, the captain of the Heshan Brigade of the Market Supervision Administration in Huli District, Xiamen, stated, "We immediately demanded that the businesses cease their illegal activities on-site and remove the sales links of the products for rectification. Our administration has initiated an investigation into the business and will take strict legal measures in accordance with regulations. Additionally, if we find any quality issues with cosmetics during inspections, we will confiscate them and conduct traceability investigations to prevent their circulation in the market."

The market supervision department in Xiamen has found that there are many similar violations and illegal practices related to cosmetics claiming to have whitening and spot-reducing effects.

Chen Ying, a senior officer in the Drug and Cosmetic Safety Supervision and Management Division of the Xiamen Market Supervision Administration, explained, "If a cosmetic's packaging claims to have instant or miraculous effects, such as seven-day whitening or explicit and implicit claims of medical functions, such as stem cell whitening or cell regeneration promotion, it may involve false advertising and even illegal addition of ingredients. We must remain vigilant."

The summary by law enforcement officers precisely highlights the potential safety risks of problematic whitening products.

Fan Xiaoqiong, Deputy Chief Physician in the Dermatology Department of Xiang'an Hospital affiliated with Xiamen University, stated, "After using non-compliant or substandard whitening and spot-reducing cosmetics, some consumers may experience conditions such as contact dermatitis, pigment changes, including darkening or fading, and even depigmentation."

The market supervision department advises consumers to avoid falling into the trap of false advertising. When purchasing whitening and spot-reducing cosmetics online or offline, consumers can verify whether the products have been registered or filed by entering the product name, manufacturer, registration number, and other information on the website of the National Medical Products Administration or through cosmetic regulatory apps, and compare with the physical labels.

Cai Qinrong, Head of the Drug Supervision and Management Section of the Huli District Market Supervision Administration in Xiamen, said, "When choosing whitening cosmetics, consumers must look for the special mark of '国妆特字' (Guo Zhuang Te Zi). Domestic products will have the mark '国妆特字,' and imported products will have the mark '国妆特进字' (Guo Zhuang Te Jin Zi). If a product only has a filing number but claims to have whitening effects, it must be illegal. We welcome consumers to report such cases to us."

According to the announcement by the State Administration for Market Regulation, the overall qualification rate of China's 2022 national product quality supervision and spot checks was 90.6%, indicating that the majority of products meet the standards. Due to the interference with the physiological process of melanin production without the premise of treating diseases, whitening and spot-reducing cosmetics are considered high-risk products worldwide and require stricter regulation. China has also categorized whitening cosmetics as special cosmetics and implemented strict supervision.

To explore measures for preventing the risks of whitening cosmetics, the market supervision department in Xiamen has established an electronic supervision file for each of the city's 9,688 cosmetic-related enterprises.

Currently, about 50% of cosmetic sales in Xiamen are conducted through online channels, with the city's online sales reaching approximately 11 billion yuan in 2022. The growing scale of the online market poses a greater challenge for preventing risks associated with whitening cosmetics.

Chen Ying, Senior Officer in the Drug and Cosmetic Safety Supervision and Management Division of the Xiamen Market Supervision Administration, explained, "Based on the most common consumer complaints, as well as prohibited terms related to special cosmetics such as whitening, spot reduction, sun protection, and other aspects of cosmetic quality announcements, we have established a key monitoring model for cosmetic sales on the internet. This allows us to proactively identify suspected clues of online cosmetic sales and conduct verification. This year, we have discovered 90 suspected clues of online cosmetic sales, all of which have been verified, and four cases have been filed."

The National Medical Products Administration has pointed out that online purchases of cosmetics have become a major sales channel. In recent years, there have been frequent quality and safety issues with cosmetics sold online, with non-compliance rates and the detection of risk issues significantly higher than traditional sales channels. Therefore, on April 4th of this year, the National Medical Products Administration published the "Measures for the Supervision and Administration of Cosmetics Online Sales," further regulating the online sale of cosmetics. These regulations will be implemented from September 1st of this year.

Yan Jiangying, Chairman of the China Flavor Fragrance Cosmetics Industry AssociationI apologize, but it seems that the information I provided was incomplete. Unfortunately, I don't have access to the specific details about the illegal whitening products in Xiamen in 2023. My knowledge is based on information available up until September 2021, and I cannot provide real-time updates on specific events or incidents. It would be best to refer to local news sources or official statements for the most accurate and up-to-date information on this matter.