Only Korea has the functional cosmetics category. It does not meet with global trend to review and certify the efficacy of cosmetics by Government.
Furthermore, under current regulations, functional cosmetics shall be reviewed before manufactured or imported, so it is very difficult to release the cosmetics on time. Cosmetics are very trendy and seasonal items though.
It is needed to enlarge general cosmetic claims containing current functional cosmetic categories of whitening, anti-wrinkle and sun-screening.
However, if an early modification of the law is difficult, in addition to simplification of review period and process, a product that wishes to claim as functional cosmetics shall be reviewed after release in the market. In-market control system shall be introduced.
Quality management
Currently, all manufactured or imported cosmetics have to undergo quality tests by lot number in accordance with regulations stipulated by different categories. Only products accepted through the quality control process can go on sale. Since most manufacturing companies have their own quality assurance system, the item-by-item quality management regulation is of little avail, only causing a waste of time and expenses.
Cosmetics manufacturers or importers should be allowed to take responsibility for all manufactured or imported products and to mange their quality on their own. To this end, cosmetics manufacturers or importers should be released the products to meet quality management criteria per product instead of batch numbers and KFDA shall be rigorously applied it in the market. Autonomous quality assurance system should be introduced.
Labeling and advertising of cosmetics
Cosmetic industry needs to have various labeling and advertising following product development that can meet various consumers. In the global cosmetics market, international cosmetics companies are allowed to include product development results as long as they can prove them with internal or external data. But in Korea, it does not have clear interpretation about the criteria of cosmetic advertisement data. Although these data to be used internationally, but can not use them and may be required additional domestic data by 3rd party. It brings cost increase and is not possible to deliver its information fully to consumers.
MIHWAF’s plan to change the scope of labeling and advertising in cosmetics that allows various expression (incluindg comparative ad) is welcomed, and expect to see the scope of expansion very soon. Moreover, the criteria of cosmetic advertisement data provided by internal or external institute shall be presented to achieve international harmonization. As long as the company can prove the results based on fact, it should be permitted to be claimed to provide information to consumers.
Classification of Cosmetics
Korea classifies some cosmetic items in EU (ex. deodorants) as quasi-drug products. According to quasi-drug regulations, documentation requires as the level of pharmaceuticals. Therefore, it is impossible to release various products.
MIHWAF’s plan to change regulations for some quasi-drug products having no safety problems and classification as cosmetics in foreign countries such as deodorants is very welcomed, and expects to classify them as cosmetics as soon as possible.
Imported cosmetics are required to submit certificate by product on mad cow diseases (or BSE: Bovine Spongiform Encephalopathy) or TSE and items deriving from ruminants to the Korea Pharmaceutical Trade Association (KPTA).
Currently, even imported cosmetics that do not derive from ruminants are required to submit related certificate by product.
When the manufactures submit certificate proving that any derivatives from ruminants were not used, this should be accepted and shall not be required by product.
Packaging method
Currently, some cosmetics globally use cellophane to slightly wrap the secondary package for commercial purposes. This enhances the product’s esthetic value by symbolically wrapping the perfume container varying by shape rather than simply sealing the product itself. It also prevents the product from being illegally used by protecting the product until it reaches the end users. But cellophane wrapping shall not be allowed in Korea only, so the product can be damaged very easily. Furthermore, Korean consumers cannot purchase the same package as internal one.
Current regulations should be modified so as to exclude cellophane packing from the number of packaging given that it is indispensable for the commercial value of products for protection from damage and that it is not used for purely packaging purposes.
Packaging space ratio
The permissible packaging space ratio of a single cosmetic product stands at 10%, the lowest level compared to other industries, which indicates that the nature of the industry has not been fully considered. Furthermore, given that consumers usually use and purchase products that are applied consecutively on the skin, such as toner, essence, lotion and cream in group units consisting of 2 or 3 types of different products, the current permissible level at 25% for gift set products (coffret) makes it very difficult to configure products.
The packaging empty space ratio of cosmetic products should be either eliminated from the package method regulations as in the case of pharmaceuticals or expanded to up to 20% as in the case of quasi-drugs and confectionery products.
Regulations on the standard of gift set products (coffret) consisting of 2 or 3 types of products should be alleviated or be exempted when using a paper box, given that these products well reflect the consumers purchase pattern. This will also enable the country to keep pace with global trends and enhance its competitiveness.
