Recently, Shanghai Municipal Market Supervision Administration found in a sample inspection that two batches of products of Bioderma’s product “Bioderma Soothing Multi-Effect Cleanser” and “LaboLabo Skin Pore Refining Gel” of Johnson & Johnson’s subsidiary, Elsker, both had a net content of non-conformity.
The net content of quantitative packaging of cosmetics has not been the focus of the Chinese cosmetics industry. But in fact, it is difficult for consumers to verify whether the net content of goods qualified while there are also companies in the Chinese market inaccurate labeling of a quantitative net content of goods. This is misleading to consumers and violates their rights.
Recently, Shanghai Municipal Market Supervision Administration of a sampling announcement shows that the city’s cosmetic net content of quantitative packaging goods supervision and sampling of 63 batches of products, the test, three batches failed.
Among them, two batches of products, namely “Bioderma Soothing Multi-action Cleanser” and “LaboLabo Pore Refining Gel”, were found to be unqualified in terms of net content and the place or channel of purchase was Metro Commercial Group Co.
According to the investigation, the two batches of products are claimed to be produced by Shanghai Bedmar Cosmetics Trading Co. Ltd. is a wholly-owned subsidiary of Johnson & Johnson (China) Investment Co.
In response to this issue, Professor Deng Yong of the Law Department of Beijing University of Traditional Chinese Medicine said that in China’s cosmetics industry, the situation of unqualified products in the sampling is not an exception. The lack of penalties has led manufacturers to take a chance and ignore relevant Chinese policies and regulations. The cost of breaking the law is low and insignificant compared to the benefits companies get for violating the law, so the problem of “failed quality” can occur.
As for the problem of unqualified net content of cosmetics, Prof. Deng Yong said that China’s existing laws and regulations such as “Product Quality Law”, “Consumer Rights and Interests Law” and “Supervision and Administration of Quantitative Packaging Goods” have all made relevant provisions.
According to the “supervision and management of quantitative packaged goods” Article 9, the average actual content of quantitative packaged goods should be greater than or equal to its labeled net content. For example, in this test, the specification of “Bioderma Shu Yan Multi-effect Cleanser” is 500ml*2 bottles, which is applicable to the provisions of this article, and the net content cannot be lower than the standard.
According to Article 8, the actual content of a single piece of quantitative packaged goods shall accurately reflect its labeled net content and the difference between the labeled net content and the actual content shall not be greater than the allowable shortage stipulated in the schedule of this method. The “LaboLabo Pore Refining Gel” and “Revitalizing Skin Hydrating Cream” under the current sampling is subject to the provisions of this Article and a shortage of 4.5g is allowed for 50~100g products.
According to Article 18, if the difference between the marked net content and the actual content of the goods is greater than the allowed shortage, the producer or seller shall be ordered to make corrections and may be fined up to three times the value of the test lot, up to a maximum of 30,000 yuan (about $4700 dollars).
Faced with the problem of unqualified net content of cosmetics, its manufacturers and related enterprises must first make adjustments to improve. Professor Deng Yong said that cosmetic companies, manufacturers and sellers should strengthen their legal awareness and responsibility, take the initiative to understand industry norms and actively achieve product compliance.
