National Medical Products Administration： Carry out special rectification on illegally claimed cosmeceuticals, stem cells and brush acid.

In order to fully implement the Regulations on the Supervision and Administration of Cosmetics and the Measures for the Supervision and Administration of Cosmetics Production and Operation, strengthen the supervision and administration of online sales of cosmetics, and severely crack down on the illegal sales of cosmetics through the Internet, National Medical Products Administration has launched a special campaign of "cleaning up cosmetics online and offline" since October 2021.

　　The main objectives of the action are:

　　Focus on rectifying outstanding problems in online sales, strengthen the main responsibility of cosmetics e-commerce operators, and standardize the market order of online sales of cosmetics.

　　The three major priorities of the action are:

　　First, clean up and rectify unregistered or undocumented cosmetics: cosmetics that have not been registered or filed, fraudulently used other people’s registration certificates, and have requested to stop operating.

　　Second, clean up and rectify cosmetics illegally declared on labels: including labels that are inconsistent with registration or filing materials, false or misleading, explicitly suggesting medical functions, and illegally claiming cosmeceuticals, stem cells, brush acid and medical skin care products.

　　Third, clean up and rectify cosmetics with quality and safety risks: including cosmetics illegally added, produced by using prohibited raw materials, and produced by using restricted components beyond the scope or limit, with emphasis on children’s cosmetics and freckle-removing and whitening cosmetics.

　　Clear the source under the online net line to ensure the safety of public makeup!

　　Notice of National Medical Products Administration Municipality on Launching the Special Action of "Clearing the Source under the Net Line" for Cosmetics

　　No.47 [2021] of State Drug Administration

　　Drug administrations of all provinces, autonomous regions and municipalities directly under the Central Government, and drug administrations of Xinjiang Production and Construction Corps:

　　In order to fully implement the Regulations on the Supervision and Administration of Cosmetics (hereinafter referred to as the Regulations) and the Measures for the Supervision and Administration of Cosmetics Production and Operation (hereinafter referred to as the Measures), strengthen the supervision and management of online sales of cosmetics, and severely crack down on the use of online sales of illegal cosmetics, on the basis of the first phase of the special action of "cleaning up the source online and offline" of cosmetics, National Medical Products Administration decided to conduct a nationwide campaign again from October 2021 to October 2022. The relevant matters are hereby notified as follows:

　　I. Work objectives

　　Taking the formal implementation of the Measures as an opportunity, we will comprehensively self-examine and centrally rectify the outstanding problems existing in online sales of cosmetics, strengthen the main responsibility of cosmetics e-commerce operators, promote the effective implementation of the provisions of the Measures on online sales of cosmetics, standardize the market order of online sales of cosmetics, and ensure the safety of public use of cosmetics.

　　Second, the focus of work

　　(1) Cleaning up and rectifying cosmetics that have not been registered or filed.

　　Focus on the registration and filing of cosmetics sold by cosmetics e-commerce operators, and clean up and rectify unregistered special cosmetics, unregistered ordinary cosmetics, cosmetics that fraudulently use other people’s cosmetics registration certificates, and cosmetics that have been notified by the national or provincial drug supervision and administration departments to suspend or stop business.

　　(2) Cleaning up and rectifying cosmetics illegally declared by labels.

　　Focus on checking whether the information such as cosmetic product labels displayed by cosmetic operators on the main page of their business activities in the e-commerce platform is comprehensive, true and accurate and consistent with cosmetic registration or filing materials, and clean up and rectify cosmetics that contain false or misleading contents, express or imply medical functions, and illegally claim cosmeceuticals, stem cells, brush acid and medical skin care products.

　　(3) Cleaning up and rectifying cosmetics with quality and safety risks.

　　Focus on the quality and safety of cosmetics sold by cosmetics e-commerce operators, clean up and rectify cosmetics illegally added with substances that may endanger human health, cosmetics produced with prohibited raw materials, cosmetics produced with restricted components beyond the scope or beyond the limit, and focus on children’s cosmetics, freckle-removing and whitening cosmetics, etc.

　　Third, the work content

　　This special action highlights the problem orientation and strengthens the investigation and punishment of illegal acts according to law. It is divided into three stages: work deployment and self-examination and rectification, special inspection and work summary.

　　(1) Work deployment and self-examination and rectification stage (October 2021 to February 2022)

　　The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should combine the actual research and deployment of special actions in the region, formulate detailed work plans, clarify inspection plans and inspection requirements, and decompose and implement regulatory responsibilities.

　　According to the focus of this special action, organize cosmetics e-commerce operators in their administrative areas to carry out comprehensive self-examination and take timely rectification measures for problems found in the self-examination stage. First, strengthen the training of laws and regulations for cosmetics e-commerce operators, publicize the new regulations and requirements of cosmetics online sales supervision and management in time, and improve the legal awareness and responsibility awareness of cosmetics e-commerce operators. The second is to urge the operators of cosmetics e-commerce platforms within their administrative areas to fulfill their management responsibilities within the platforms according to law, self-check the establishment of cosmetics quality management institutions or full-time and part-time personnel, and fulfill their obligations such as real-name registration, establishment of management systems, and suppression and reporting of illegal acts. The third is to urge the operators of cosmetics e-commerce platforms within their administrative areas to carry out centralized inspections on the cosmetics sold in their platforms. The operators of cosmetics e-commerce platforms should take necessary measures such as deleting, shielding and disconnecting links in accordance with the law or in accordance with the platform service agreement and trading rules, and report to the drug supervision and administration of the provinces (autonomous regions and municipalities) where the platforms are located. At the same time, the relevant verification clues will be handed over to the drug supervision and administration departments of the provinces (autonomous regions and municipalities) where the operators actually operate in the platform (see Annex 2 for handover requirements).The fourth is to urge the cosmetics operators in the platform to fully, truly and accurately disclose information such as cosmetics labels consistent with the registered or filed materials of the cosmetics they operate on the main page of their business activities, and fulfill their obligations such as incoming inspection records.

　　(two) special inspection stage (March 2022 to September 2022)

　　The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should make overall coordination and overall deployment, and organize special inspections in light of regional conditions. First, in view of the key rectification problems of this special action, the drug supervision and administration departments of all provinces (autonomous regions and municipalities) carried out supervision and inspection on the cosmetics e-commerce operators within their respective administrative areas. The problems found in supervision and inspection and the verification clues found in the self-examination and rectification stage should be traced back to the source, and the registrants, filers, entrusted production enterprises and operators involved in illegal cosmetics should be investigated and dealt with according to law. Second, the pharmaceutical supervisory and administrative departments of the provinces (autonomous regions and municipalities) where the cosmetics e-commerce platform operators are located should strengthen the supervision and inspection of the cosmetics e-commerce platform operators, focusing on the performance of their management responsibilities for the cosmetics operators in the platform, and investigate and deal with the cosmetics e-commerce platform operators who violate the provisions of the Regulations and Measures according to law. The third is to encourage the departments responsible for drug supervision and management to use technical means to carry out network monitoring, improve the pertinence and targeting of special actions through data retrieval and big data screening, and investigate and deal with illegal clues found in network monitoring according to law, involving cross-regional verification, and timely transfer verification clues. Fourth, according to the development of special actions and actual needs, combined with national and provincial cosmetics supervision and sampling work, network sampling inspection was carried out on key products.

　　(3) Work summary stage (October 2022)

　　The drug supervision and administration departments of all provinces (autonomous regions and municipalities) shall timely summarize the work of special actions, fill in relevant statistical tables, sort out the existing problems, summarize the experience and practices of special actions, and submit the summary of special actions as required.

　　Fourth, the job requirements

　　(A) improve the political stance

　　The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should attach great importance to the special action of "clearing the source of cosmetics online and offline", strictly implement the responsibility of territorial supervision, clarify the person in charge, comprehensively strengthen the supervision of cosmetics e-commerce platform operators and cosmetics operators in the platform within their respective administrative areas according to their duties, supervise the cosmetics e-commerce platform operators to implement their management responsibilities, and supervise the cosmetics operators in the platform to implement their main responsibilities. The cosmetics e-commerce operators who violate the law seriously are listed as key regulatory targets, and supervision, inspection and sampling inspection are intensified, and their legal representatives or principal responsible persons are interviewed when necessary.

　　(2) Strengthen the investigation and punishment of illegal acts.

　　The drug supervision and administration departments of all provinces (autonomous regions and municipalities) shall, in accordance with the "four strictest" requirements, promptly investigate and deal with the illegal clues of online sales of cosmetics discovered by special actions, and impose penalties on illegal acts in strict accordance with the Regulations and Measures. It is necessary to seriously investigate and deal with a number of typical cases, increase exposure and play a deterrent role.

　　(3) Strengthen departmental cooperation and the convergence of execution.

　　The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should strengthen the coordination and supervision between departments, and transfer those involved in false propaganda and illegal advertisements on the Internet to the market supervision department according to law; For enterprises that cannot get in touch, timely notify the market supervision department and list them in the abnormal list according to law; Those suspected of committing crimes shall be transferred to public security organs according to law.

　　The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should strengthen the organization and deployment of special actions, summarize and analyze the work in all stages of special actions in a timely manner, sort out the existing problems and report the work to the National Medical Products Administration Cosmetics Supervision Department in a timely manner. Please submit the liaison information of this special action before October 20, 2021 (see Annex 3); Submit the summary of the work in the self-inspection and rectification stage and the statistical table of the self-inspection and rectification stage of the special action of "cleaning up the source under the net line online" for cosmetics before March 31, 2022 (see Annex 4); Submit the summary of the special action and the statistical table of the supervision and inspection of the special action of "cleaning the source online and offline" of cosmetics before October 30, 2022 (see Annex 5); The electronic version of relevant materials is also sent to the e-mail address of hzpjgc@nmpa.gov.cn.

　　1 cosmetic e-commerce platform illegal behavior stop report form

　　2. Cosmetics e-commerce platform verification clue transfer table

　　3 provinces (autonomous regions and municipalities) drug supervision and management departments special action liaison information table.

　　4. Statistics on the self-examination stage of the special action of cosmetics "cleaning up the source under the net line online"

　　5. Statistics on the supervision and inspection of the special action of cosmetics "cleaning up the source under the net line online"

　　National Medical Products Administration

　　October 9, 2021