In China, These Products are not Classified as Cosmetics
- Chaileedo Press
- May 30, 2023
- 2 min read
Updated: Jun 5, 2023
China Guangzhou Municipal Administration for Market Regulation issued the Q&A on the filing of general cosmetics, stating that mosquito repellent products and products that achieve cosmetic effects through ingestion, and injection are not classified as cosmetics.
On May 29th, the Guangzhou Municipal Administration for Market Regulation issued the Q&A on the filing of general cosmetics (39) (hereinafter referred to as "Q&A"), which clarified the definition of cosmetics and the scope of related products.
Cosmetics are defined as daily chemical industrial products applied to the human body surfaces such as skin, hair, nails, and lips, using methods like rubbing, spraying, or similar means, with the purpose of cleansing, protecting, beautifying, or enhancing appearance.
Products that achieve cosmetic effects through ingestion, injection, or other means are regulated separately as health products, pharmaceuticals, or medical devices, depending on their attributes.
Toothpaste, which comes into contact with the oral mucosa during use, does not meet the definition of cosmetics but falls under the filing management regulations for general cosmetics according to the Cosmetic Supervision and Administration Regulation. Soap, on the other hand, does meet the definition of cosmetics but is not regulated as such. Soap products claiming special cosmetic effects are subject to registration supervision as special cosmetics.
In addition, according to the Regulations on Pesticide Management and the Opinions on the Identification of Mosquito Repellent Products (Agricultural Office [2021] No. 19), mosquito-repellent products fall within the scope of pesticides and should be managed as such. Products exclusively for art and theater use, such as colored paints for painting and makeup remover oil for theatrical use, do not fall within the scope of beautification and modification in daily life and are not classified as cosmetics.
Coloring emulsion products used for tattooing and embroidery are not applied to the human body (skin) surface and do not use methods like rubbing, spraying, or similar means. Therefore, they can be determined as not being cosmetics. If there are other uses for color emulsion products that require filing as general cosmetics, the usage methods should be described in detail to avoid misleading consumers.
The Q&A states that according to the Reply on clarifying whether the Japanese makeup remover for grafted eyelashes' falls within the scope of cosmetics (Drug Administration Cosmetic Letter [2020] No. 3), the adhesive used to attach false eyelashes, although applied to the area where human eyelashes are connected to the attached eyelashes, serves the purpose of adhesion. Therefore, products with similar usage methods, such as nail glue used for attaching artificial nails or solid decorations, are also not classified as cosmetics.
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