In accordance with Article 78 of China's Cosmetics Supervision and Administration Regulations, the transitional period for five categories of special purpose cosmetics - namely hair growth, hair removal, breast enhancement, body sliming and deodorant, that were registered under the former Regulations on Hygiene Supervision of Cosmetics prior to January 1, 2021 will ends on December 31, 2025.
This means, starting from January 1, 2026, the production, import, or sales of cosmetics with the above-mentioned efficacies will be considered non-compliant if they continue to be marketed as special purpose cosmetics.
Definition of Special Cosmetics
According to the Cosmetics Supervision and Administration Regulations, cosmetics intended for hair dyeing, hair perming, freckle removal and whitening, sun protection, and hair loss prevention, as well as those claiming new efficacies, are classified as special cosmetics. Products intended for hair growth, hair removal, breast enhancement, body slimming, and deodorization are no longer regulated as special cosmetics.
Management of the Five Categories of Cosmetics during the Transitional Period
During the transitional period, cosmetics registrants may apply to the NMPA for the cancellation of administrative license approvals for the five categories of cosmetics. Apart from cancellation of applications, the NMPA will no longer accept other administrative license applications related to these products, including modifications, reissuance, or renewals. If changes occur that do not involve safety or efficacy claims, registrants shall file such changes with the NMPA in a timely manner.
Products with expired administrative license approvals in these five categories may continue to be manufactured, imported, and sold within the transitional period. However, after the transitional period ends, such activities will no longer be permitted.
How to Handle the Continued Production, Import, and Sale of the Five Categories of Cosmetics after Transitional Period?
1. Filing as General Cosmetics
- Hair Removal Products: According to the Classification Rules and Catalogue of Cosmetics, the definition and claim guidance are: “used to reduce or remove body hair.”
- Deodorant Products: According to the Classification Rules and Catalogue of Cosmetics, the definition and claim guidance are: “help reduce or mask body odor.” (Note: Products that achieve deodorizing effects solely by inhibiting microbial growth are not classified as cosmetics.)
2. Former Hair Growth Products
- Products claiming to “prevent hair breakage” (i.e., help improve or reduce hair breakage and split ends; help maintain or enhance hair strength): shall be filed as general cosmetics.
- Products claiming to “prevent hair loss” (i.e., help improve or reduce hair shedding; Note: products that regulate hormones or promote hair regrowth are not classified as cosmetics): shall be registered as special cosmetics.
- Products intended to promote hair growth will gradually be brought under drug regulation.
After completing cosmetic filing or drug registration, companies may produce, import, or sell their products in accordance with the Cosmetics Supervision and Administration Regulations and the Pharmaceutical Administration Law of the People's Republic of China.
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Further Information
https://www.nmpa.gov.cn/xxgk/ggtg/hzhpggtg/jmhzhptg/20211217140727142.html