Reasons for Proposal
According to the current Enforcement Regulations of the Cosmetics Act, the definition of functional cosmetics includes specific skin disease names such as acne and atopy and, thus, it may have a risk of misinterpretation in the sense of recognizing the therapeutic efficacy and effectiveness of diseases. As such, there are concerns about the increase in consumer’s damage caused by the loss of proper treatment timing due to providing misinformation about functional cosmetics.
Since quasi-drugs include the articles used for the purpose of treating, alleviating, or preventing human or animal diseases, it is also necessary to clarify that cosmetics are the articles distinguished from quasi-drugs.
Therefore, the amendment of the Cosmetics Act aims to clarify the definition of cosmetics, exclude the articles that fall into quasi-drugs in accordance with the Pharmaceutical Affairs Act, and improve the labeling and advertisement criteria of cosmetics.
Details
A. Clarify the definition of cosmetics (Article 2, subparagraph 1)
B. Clarify the definition of functional cosmetics (Article 2, subparagraph 2)
C. Provide accurate information to consumers with respect to the labeling and advertisements of cosmetics and prohibit false and exaggerative advertisements (Article 13 (1) 4 newly inserted)
Major Provisions
Article 13 (Prohibition of Wrongful Labeling and Advertisements) (1) Neither business entity nor seller shall engage in any of the following labeling or advertisements:
4. Inclusion of a disease name or the labeling or advertisements that may be misrecognized as having a function such as treating, alleviating, or preventing a disease.