01
Why should we formulate the "Measures for the Supervision and Management of Cosmetic Network Operations"?

With the rapid development of the internet economy, online shopping for cosmetics has become one of the main channels for cosmetics management. Online cosmetics not only provide convenience for consumers, but also become a major disaster area for the quality and safety of cosmetics. In recent years, the quality and safety issues of online cosmetics have been frequent, and the failure rate of supervision and sampling, as well as the detection rate of risk monitoring problems, of online cosmetics are significantly higher than those of traditional sales channels. In order to further standardize the online business behavior of cosmetics, the "Regulations on the Supervision and Administration of Cosmetics" and the "Measures for the Supervision and Administration of Cosmetics Production and Operation" both make relevant provisions for the online business behavior of cosmetics. The "E-commerce Law" and the "Measures for the Supervision and Administration of Online Transactions" also make clear requirements for regulating the order of the online trading market. On this basis, the National Food and Drug Administration organized the drafting of the "Measures for the Supervision and Administration of Cosmetic Network Operations" (hereinafter referred to as the "Measures"), aiming to further refine and clarify the relevant provisions of the upper level law, and study new methods and means applicable to the supervision of cosmetic network operations.

02
What is the main content of the "Measures"?
The full text of the "Measures" consists of five chapters and 35 articles, including general provisions, platform management, management of cosmetics operators within the platform, supervision and management, and supplementary provisions. In the drafting process of the Measures, the management concept of combining government regulation with platform governance, combining online and offline net cleaning, combining daily regulation with technical pipeline network, and combining general requirements and special regulations was adhered to. The main contents include: firstly, clarifying the regulatory objects and departments for cosmetics network operation. Clearly, cosmetic e-commerce operators include cosmetic e-commerce platform operators (hereinafter referred to as "platforms"), cosmetic operators within the platform, and e-commerce operators who operate cosmetics through self built websites and other online services. Clarify that the National Drug Administration and the departments responsible for drug supervision and management at or above the county level are responsible for supervising the online operation of cosmetics. The second is to clarify the management responsibility of the platform for operators within the platform. It has stipulated the management responsibility requirements for the platform to carry out real name registration, daily inspections, illegal behavior suppression and reporting, and major quality and safety information reporting. The third is to clarify the legal obligations of cosmetic operators on the platform. It specifies the obligations that cosmetic operators on the platform should fulfill, including incoming inspection, product information display, risk control, recall of problematic products, and product storage and transportation. The fourth is to clarify the regulatory requirements for online operation of cosmetics. Make clear provisions on the supervision and inspection powers, administrative penalty jurisdiction, online sampling inspection, evidence adoption, and online business monitoring involved in the supervision of cosmetics online operation.
03
What are the principles and ideas for drafting the Measures?
The drafting process of the Measures mainly follows the following principles and ideas:
One is to highlight the role of the platform and strengthen its management and collaboration. On the basis of the provisions of the "Measures for the Supervision and Administration of Cosmetics Production and Operation", the "Measures" further clarify and refine the management responsibilities of the platform for cosmetics operators within this platform, and fully leverage the platform's role and advantages in cosmetics network supervision. At the same time, efforts will be made to build a platform to assist and cooperate with regulatory authorities in working mechanisms and procedures, and to strengthen communication and collaboration between regulatory authorities and the platform.
The second is to highlight source governance and increase efforts to crack down on illegal activities in online business. The Measures stipulate that for the illegal operation of cosmetics by cosmetics operators on the platform, the platform shall immediately take necessary measures such as deletion, blocking, and disconnection in accordance with the law to promptly stop and control risks as soon as possible. For major quality and safety issues related to the internet, after taking necessary measures to stop them, the platform should also report the illegal clues to the regulatory authorities of the actual business location of the cosmetics operators on the platform for investigation and handling in accordance with the law. It is not allowed to use platform governance as a substitute for administrative management measures of regulatory authorities, and only "delete" illegal activities related to online operations.
The third is to highlight the problem orientation and solve the bottleneck problem of network operation supervision such as false propaganda. The Measures stipulate that cosmetic operators on the platform shall disclose comprehensive, truthful, accurate, clear, and timely information such as cosmetic labels that are consistent with registration or filing materials on their business activities homepage. For the content of product safety and efficacy claims that consumers are generally concerned about, the "Measures" further require that the information disclosed by cosmetic operators on the platform regarding product safety and efficacy claims should be consistent with the label information and summary of efficacy claims in the registration or filing materials of the cosmetics they operate.
The fourth is to highlight regulatory coordination and streamline the mechanism of network operation supervision. The "Measures" clearly stipulate the procedures for assisting investigation and clue notification among regulatory authorities, strengthen the coordination and cooperation between regulatory authorities in the online supervision of cosmetics, such as the location of the platform's residence, the actual business location of the cosmetics operator on the platform, the location of the cosmetics registrant, and the registrant's residence, and further streamline the mechanism for online operation supervision. In addition, the "Measures" adhere to the management concept of "controlling the internet through the internet", strengthen the monitoring of cosmetics online business, and require the National Drug Administration to organize departments responsible for drug supervision and management at all levels to use technical means to carry out cosmetics online business monitoring.
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Source: National Drug Administration