Improper Cosmetics Claims will Lead to Strict Penalties in China (1)

After the implementation of a bunch of cosmetic regulations in China, NMPA has gradually strengthened its efforts to rectify the cosmetics industry. Many cosmetics companies have been fined for their inappropriate efficacy claims, with the total amount even up to 400,000 yuan.

CIRS Personal and Home Care Products Division has summarized the cases of improper claims in recent years and sorted out illegal claims for enterprises’ reference.

Penalty Date: December 13, 2018

Illegal Claims: The product claims that it can help resist external dryness and ultraviolet. "XXX youth brightening toner" is an imported non-special use cosmetic. According to the product formula, it did not add sunscreen material, thus it does not have the function of resisting ultraviolet stimulation.

Penalty: A fine of 200,000 will be imposed for violation of the provisions of Article 28 of the Advertising Law of the People's Republic of China

Penalty Date: May 20, 2019

Illegal Claims: The product claims that it can improve the skin's subsequent nutrient absorption by 61% and is more antibacterial and antifungal.. However, certifying documents that can prove the performance and functions of the above goods cannot be provided.

Penalty: A fine of 40,000 shall be imposed due to violation of provisions of Article 28 of the Advertisement Law of the People’s Republic of China

Penalty Date: August 16, 2019

Illegal Claims: The "main ingredient... Nut oil + sesame oil... Deep repair ". Involving false advertising for testing results show that the products do not contain nut oil.

Penalty: A fine of RMB 350,000 shall be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: December 3, 2019

Illegal Claims: Information marked in the commodity details section show that "Manufacturer: Croatia", But the complainant actually received a product that is made by "a company in Suzhou". The actual place of production is not consistent with the publicity.

Penalty: A fine of RMB 40,000 shall be imposed due to violation of Article One of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests

Penalty Date: January 10, 2020

Illegal Claims:

The publicity page showed that the product can "fully combat dry skin and color spots" and "diminish speckles", yet no freckle remover was found in the product ingredients.

The publicity page showed that the product can "prevent the regeneration of color spots" and “help fade the spots with rare recurrent". However, there is little evidence to prove the continuity of effect.

Penalty: A fine of RMB 40,000 shall be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: January 10, 2020

Illegal Claims: The efficacy claim that the product can "repair damages and relieve skin" is incorrect for operators of the Tmall store mistakenly chose the wrong option for the product. In fact, the product mentioned above does not have the function of damage repair.

Penalty: A fine of 30,000 Yuan will be imposed due to violation of Article 20 of Law of the People's Republic of China on the Protection of Consumers' Rights and Interests.

Penalty Date: January 10, 2020

Illegal Claims: The product claims that it can brighten skin tone, making skin bright and shiny. Long-term use can reduce fine lines. But the party concerned is unable to provide the relevant basis for such advertisement and clearly knows that the product does not have the function of improving dark spots.

Penalty: A fine of RMB 18,500 will be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: November 17, 2020

Illegal Claims: The products claim that it can "care for skin and inhibit melanin". However, relevant testing reported cannot be provided to certify that the two products have the function of inhibiting melanin and anti-freckle, as promoted in their official website. The products involve false advertisement.

Penalty: A fine of RMB 200,000 will be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: April 6, 2021

Illegal Claims: A certain brand of spray is imported from France and is classfied as imported non-special purpose cosmetics. However, the importer claims that the product "maintains and strengthens the effect of laser and photon cosmetic surgery", and the party concerned cannot provide evidence.

Penalty: A fine of RMB 400,000 shall be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: April 30, 2021

Illegal Claims: This product claims that it can even skin tone and tighten the skin, yet no evidence can be provided.

Penalty: A fine of RMB 400,000 shall be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: May 21, 2021

Illegal Claims: Test results show that the SPF value of "XX Sunscreen SPF50+PA++++" was 30, which is not consistent with that publicized on its official website ("SPF50+").

Penalty: A fine of RMB 350,000 shall be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: May 27, 2021

Illegal Claims: This product claims that it can even skin tone and tighten the skin, yet no evidence can be provided.

Penalty: A fine of RMB 400,000 shall be imposed due to violation of Article 28 of the Advertisement Law of the People’s Republic of China.

Penalty Date: June 16, 2021

Illegal Claims: The product claims that it can " improve acne marks in 4 weeks and improve the self-healing power of the skin in 12 weeks", yet no evidence can be provided.

Penalty: A fine of RMB 400,000 will be imposed due to violation of Article 8 of the Anti-unfair Competition Law of the People's Republic of China.

Penalty Date: June 22, 2021

Illegal Claims:

• The claimed SPF does not match the actual SPF
• Claim the function of whitening, yet no evidence can be provided to proof its whitening efficacy.

Penalty: A fine of RMB 400,000 will be imposed due to violation of Article 8 of the Anti-unfair Competition Law of the People's Republic of China.

Penalty Date: August 4, 2021

Illegal Claims: The product claims that it can "relieve rheumatoid arthritis", "improe the periarthritis of shoulder, varicose veins, improve lymphatic jams", "boost immunity", "stimulate pelvic floor muscle, relieve menopausal syndrome", and "perfect relieve to dizziness, headache, migraine, insomnia, and dreamful sleep". All of these involve the treatment of diseases.

Penalty: Ordered to stop advertising, eliminate the influence within the corresponding scope and impose a fine of RMB 130,000 for violation of Article 17 of the Advertisement Law of the People’s Republic of China .

Penalty Date: August 6, 2021

Illegal Claims: The product claims that it is " rich in active repair formula and a variety of plant extract, mild amino acid mild, with rich soft foam to gently wash the dirt, effectively repair the skin and make the skin fresh and smooth” in its packages.

Penalty: A fine of RMB 50,000 shall be imposed due to violation of Article 8 of the Advertising Law of the People's Republic of China.

Penalty Date: August 9, 2021

Illegal Claims: The product claims that it has the function of “removing yellow complexion, brightening skin, removing freckle, hydrating and moisturizing" and "whitening, brightening, improving yellow complexion, moisturizing and hydrating" in its sales page for promotion.

Illegal activities:

• Making unfounded claims about the benefits of cosmetics
• As a ordinary cosmetic, the product claims the functions of special cosmetic, such as "anti-freckle and whitening".

Penalty: Anyone who violates paragraph 1 of Article 8 of Law of the People’s Republic of China against Unfair Competition shall be fined RMB 20,000 yuan.

Penalty Date: August 10, 2021

Illegal Claims:

• The product claims that it has the function of "anti-inflammatory".
• As a ordinary cosmetic, the product claims the functions of special cosmetic, such as " whitening"

Penalty: A fine of RMB 6,000 will be imposed in total due to violation of Article 17 and Article 28 of Advertising Law of the People's Republic of China.

Penalty Date: August 10, 2021

Illegal Claims: The product claims that it is a "carefully-made soap and can produce rich and delicate foam, penetrate into every fine pore, absorb and take away impurities; it contains silk extract, a variety of amino acids, nourishes to repair the skin, control oil, clean acne, remove mites, bloom tender and make the skin smooth", which expressed or implied its medical uses.

Penalty: Ordered to correct immediately and fined 6000 yuan due to violation of Article 16 of Provisions on the Administration of Cosmetics Marks (AQSIQ, State Order No.100).

Penalty Date: August 17, 2021

Illegal Claims:

The product claims that it can destroy "99% bacterium", which does not have enough scientific proof.

On the front of the package, the company marked "destroy 99% bacterium #" in large font, while on the side of the package marked "wash away bacterium" in small font.

Damage the legitimate rights and interests of other operators

Penalty: Violate Article 20 of Law of the People’s Republic of China against Unfair Competition, the party concerned is ordered to stop the illegal act and fined 200,000 yuan.

Penalty Date: August 18, 2021

Illegal Claims: The mask is introduced as "anti-sensitivity,". But it is not allowed to use expressions such as "anti-sensitivity” in efficacy claim.

Penalty: Ordered to stop advertising and imposed a fine of 1000 yuan due to violation of Article 69 of Cosmetics Supervision and Administration Regulations.

Penalty Date: August 19, 2021

Illegal Claims: Claims that the "5+5 soft moisturizing lotion is used to maintain the treatment of psoriasis, improve the skin barrier function, significantly reduce the recurrence rate of the disease, and improve the compliance of patients", which makes it easy to be confused with drugs. Medical terms are used in the advertisement.

Penalty: A fine of 50,000 yuan is imposed due to violation of Article 17 of the Advertising Law of the People's Republic of China.

Penalty Date: August 20, 2021

Illegal Claims: On the detailed page of this product, words such as "Selecting Australian tea leaves to repair damaged hair, farewell to frizz, refreshing and refreshing, reducing hair loss, smoothing frizz, moisturizing and supple" are included. Among them, "reducing hair loss" is the effect of special cosmetics, while the two products involved are ordinary cosmetics.

Penalty: A fine of 800,000 yuan will be imposed due to violation of Article 28 of Advertising Law of the People's Republic of China (2018).

Penalty Date: August 24, 2021

Illegal Claims: The product claims that it has the function of “whitening” in its website. As a ordinary cosmetic, this product cannot claim to have whitening functions which is exclusively for special use cosmetics.

Penalty: Violate Article 4 of the Advertising Law of the People's Republic of China, the company is ordered to stop publication and fined RMB 10,000 yuan.

Penalty Date: August 24, 2021

Illegal Claims: The product claims that it has the function of "detoxification, purification and removal of skin impurities and dust, improvement of skin antibacterial and anti-inflammatory force" in its sales page, which implied the medical effect of the cosmetic.

Penalty: Ordered to stop publication and fined RMB 1500 yuan due to violation of Article 28 of the Advertising Law of the People's Republic of China.

Penalty Date: August 26, 2021

Illegal Claims: On the Tmall page, the product is titled "XX brand of Centella asiatica Activating Essence Spray 50ml Antioxidant moisturizing skin barrier anti-aging."

Illegal situation: False or misleading advertisement

The experimental data provided show that the commodity contains such components, "snow grass leaf extract", "hydroxyl centella glucoside", "yellow cen root extract", that can help fade the skin spots and smooth away wrinkles. However, there is no relevant evidence or test data reflecting that the product has the function of "anti-aging".

Penalty: Ordered to make correction due to violation of Article 20 of Law of the People’s Republic of China on the Protection of Consumers’ Rights and Interests; The illegal gains of RMB 48,081 yuan were confiscated.

Penalty Date: September 1, 2021

Illegal Claims: Relevant company published false advertisement, claiming that the product can “help fade the acne marks, gently moisturize and whiten the skin”, yet,it cannot provide anti-acne effect related evidence materials.

Penalty: A fine of RMB 10,000 yuan will be imposed due to violation of Article 4 of the Advertising Law of the People's Republic of China.

Penalty Date: September 2021

Illegal Claims: The advertisement of the product claimed that "high calcium and protein can enhance immunity", yet the party concerned could not provide relevant proof materials.

Penalty: A fine of 600 yuan will be imposed due to violation of Article 55 of the Advertising Law of the People's Republic of China (2018).

Penalty Date: September 27, 2021

Illegal situation: Cosmetics operators did not establish and implement the purchase inspection record system, and did not check the supplier's market subject registration certificate, etc.

The party has published a product named "camellia moisturizing essence water (moisturizing type) 150ml" at an app. Although the cooperation agreement with the supplier was provided, the material could not correspond to the goods in this case. In addition, other purchase inspection records and related certificates of this product cannot be provided, the purchase inspection record system has not been established and implemented, and the market subject registration certificate, cosmetics registration or filing situation, and product delivery inspection certificate have not been checked.

Penalty: Anyone who violates Article 38 of the Cosmetics Supervision and Administration Regulations shall be fined RMB 10,000 yuan.

Penalty Date: October 13, 2021

Illegal Claims: The party publicizes that the product can "eliminate acne in 3 days ". However, it cannot provide the source of this data, nor can it verify the authenticity of the data. There is no concrete proof to support the advertisement.

Penalty: Ordered to stop publishing illegal advertisements and a fine of 1000 yuan will be imposed due to violation of Article 11 of the Advertising Law of the People's Republic of China.

Penalty Date: October 15, 2021

Illegal situation:

• Imported cosmetics with no Chinese labels;
• The aforementioned imported cosmetics are not registered;

The party concerned provided the established purchase inspection record system, but did not register the products.

Penalty: Violate article 35 of the Cosmetics Supervision and Administration Regulations, article 38 of the Cosmetics Supervision and Administration Regulations. Ordered to correct the above illegal acts, confiscate the illegal products, confiscate the illegal income of 140 yuan, and fined 16,000 yuan.

Penalty Date: October 21, 2021

Illegal Claims: The product claims that it can help "hair growth", which is a medical term and cannot be used by cosmetics.

Penalty: A fine of 1200 yuan will be imposed due to violation of Article 17 of Advertisement Law of the People’s Republic of China.

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