Gifts are fakes, businesses are also responsible

January 14, Guangdong Provincial government Legal office to the public to solicit opinions of the Guangdong Cosmetics Safety regulations (the provincial Food and Drug Administration for the draft) clear, consumers buy counterfeit, expired cosmetics, the legitimate rights and interests of the damage can be to the network of businesses to seek compensation; Site compensation, the right to recover from the business.

Gifts are fakes, businesses are also responsible

The manuscript also stipulates that the website does not perform the management responsibility, causes the consumer legitimate rights and interests to be harmed, should with the website merchant jointly undertakes the joint and several liability. In addition, if the site to make more conducive to consumer commitment, should be fully implemented, not to renege. Site registration of Food and Drug Administration departments responsible for the implementation of the site supervision and management.

The draft provisions prohibit the sale of cosmetics, including 12 categories, including special instructions, promotional gifts, premium activities of prizes, as a business behavior, may not appear expired, metamorphic, fake and so on.

According to the draft, the prohibited sales of cosmetics include: expired or spoiled or contaminated, counterfeit imported cosmetics, or forge the origin of products, forged, the use of other people's factory name, site, approval of the production of documents, cosmetics operators, counterfeiting, forgery, alteration or the use of license, labels, manuals, inspection reports, quarantine certificates, Use of cosmetics or raw materials that exceed the period of use or waste or recycle.

Cosmetic labels must not have medical terminology

In the manuscript, cosmetics are also banned.

It stipulates that cosmetic labels shall not mark indications or functional indications, medical terminology, express or implied content of medical effect, not exaggerating functions, false propaganda, belittling similar products, using absolute words or misleading or confusing content to consumers. In addition, the violation of the customs and the content is not allowed to appear.

The draft is also clear that cosmetics advertising terminology should be authentic, scientific, not trademarks, patterns or other forms of false publicity products efficacy or performance, claiming or implying that the product has medical effects, the use of other people's name guarantee or implied to make consumers misunderstand its usefulness.

In addition, as with the new Consumer protection law, the star endorsement ads, such as involving false publicity, will be jointly and severally responsible for the business.

Find quality problem should be discontinued

The draft also provides for the recall of cosmetic defective products. It is clear that cosmetics manufacturers found that their production of cosmetics quality defects or other causes may endanger human health, should immediately stop production, recall the cosmetics sold, notify the relevant operators and consumers, and record the recall and notice.

At the same time, cosmetics manufacturers should take remedial measures, harmless treatment and destruction of recalled cosmetics, and report cosmetic recall and treatment to food and Drug Administration department.

If the seller finds the problem, it shall immediately cease operation, notify the relevant production operators and consumers, record the cessation of operation and notification, and report to the Food and Drug Administration department. Cosmetics manufacturers should recall if they think they should be recalled.

In addition, the Food and Drug Administration department above the county level in the daily supervision and inspection found that cosmetics quality defects or other reasons may endanger human health, cosmetic production operators do not in accordance with the provisions of this regulation recall or stop production and operation, can be ordered cosmetics production operators to recall or stop production and operation.