Provisions on Cosmetics Advertisement You Should Know

With the rapid development of the network informatization in the world, more and more false advertisements were disclosed by mainstream media. For instance, Shanghai kans cosmetics co., LTD was fined 1.1million RMB by Industrial and Commercial Bureau. Because the product was advertised on TV the skin will become whiteningafter sunning. The advertisement was a false propaganda after theverification of medical specialist.

So far, Advertisement Law of People’s Republic China (herein after referred to as LAW) and Measures for the Administration of Cosmetics Advertisement (herein after referred to as MEASURES) are the main regulations for cosmetics advertisement in China. The LAW was published in 1995 and updatedon Sep 1, 2015. This law is available for the management of advertisement in all fields. The MEASURES was published in 1993 andrevised on the management of advertisement in cosmetics in 2005. CIRS collate the main provisions related to cosmetics as below.

1. Banned to falsify and exaggeratethe name, manufacturing, ingredients, efficacy and performance of cosmetics (Article 8 in LAW, Article 8 in MEASURES).

For example, using exaggerated wordslike ‘freezing age’ in product name. Or advertising the product contains“hyaluronic acid” instead of sodium hyaluronate.A mask from Taiwan brand FACE Qwas suspected ofexaggerating the efficacy of the product. As a result, these products haveto be taken off shelves for rectification.

2. Banned to use absolutized phrases like national level, highest level, best, newest creation, newest invention, pure natural, no side effect etc. Obscene, pornographic, gambling, superstitious, horrific and violent contents are forbidden as well (Article 9 in LAW, Article 8 in MEASURES).

The development of cosmetics industry needs continuous changes and creation, so it is inappropriate to use ‘-est’ to describe the product. Moreover, if the product is claimed as ‘pure natural’ and ‘no side effect’, sufficient documents should be provided to prove the authenticity.

3. Not allow to depreciatethe like product (Article 13 in LAW, Article 8 in MEASURES).

4. Forbidden to advertise medical effect and use medical terminology (Article 17 in LAW, Article 8 in MEASURES).

5. Forbidden to describe the property, efficacy, sales volume by the way of data (Article 28 in LAW, Article 8 in MEASURES).

6. No allow toguarantee the efficacy by using the name of othersor to use a hint to its effectiveness misunderstanding (Article 28 in LAW, Article 8 in MEASURES).

Punishment

1) If violatingitem 2 and5 above, it will be notified in public and fined less than 5,000 RMB.

2) If violatingitem 1, 4 and6, both the advertising agent and advertiser should be notified in public andfined less than 10,000 RMB. Confiscating all illegal income.

3) If violatingitem 3, it will be notified in public and fined less than 5,000 RMB.Confiscating all illegal income. Or stopping doing business for internal rectification.

4) If violating item 1,3 and 6, advertiser should bear civil liabilities. Advertising agent, publisher and spokesperson shall have the joint liability at severe circumstances.

In all, the fine will be up to 2 million for the violation of above provisions.

Relevant links：

Shanghai kans cosmetics co., LTDwas fined 1.1 million

State Administration for Industry and Commerce of the People's Republic of China (Declare NO.21, )

Measures for the Administration of Cosmetics Advertisement

Decision about the adjustment of advertisement supervision regulations according to revisedImplementingRules of Advertising Regulations