Since the implementation of the Regulation on the Supervision and Administration of Cosmetics, it has made a relatively complete specification for all aspects. Whether it is "real bottle selling fake medicine" or "fake bottle selling real medicine", we must strictly abide by laws and regulations, orderly and safe market cannot do without the operator's fulfill their duties.Shanghai Zuozuo Cosmetics Co LTD has been punished by the Shanghai Songjiang District Market Supervision Administration for engaging in cosmetics production activities without permission, according to the Shanghai Market Regulation Administration.There have been many reported cases of being punished for engaging in the production of cosmetics without the production license, including the purchase of cosmetics with empty bottles and filling diluted cosmetics, the production of homemade cosmetics on e-commerce platforms, and the sale of authentic products by filling them into small samples.

01 Buy formal perfume, separate sample sale

According to the punishment information, on November 9, 2021, Shanghai Zuozuo Cosmetics Co., LTD. (hereinafter referred to as "Zuozuo Company") carried out the cosmetic (perfume) sample packaging activity in its business premises without obtaining the cosmetic production license. In the process of repackaging, the formal perfume purchased from a supplier is absorbed through the syringe purchased by oneself, filled into the perfume sample bottle purchased by oneself, and affixed with the simple label printed by oneself.

On November 16, 2021, the company created a link on a platform store "Zuohao Perfume Europe Direct Sampling Fragrance Store" to carry out cosmetic (perfume) sample sales activity, selling a total of 39 kinds of self-packaged cosmetics (perfume). As of June 28, 2022, Shanghai Zhuotou Cosmetics has voluntarily stopped the above illegal activities.

At present, "cosmetics finance and economics online" reporters in Taobao, Jingdong, Pinduoduo did not find the shop name related information. However, a search for "perfume repackaging" on Taobao still shows some C shops selling self-repackaging smaller perfumes. In addition, not only perfume products, base makeup products also have a "separate" appearance.

Article 63 of the Measures for the Supervision and Administration of Cosmetic Production and Marketing stipulates that a cosmetic production license shall be obtained for the preparation, filling and filling of cosmetic contents. The production process of labeling shall be completed in the cosmetic manufacturing enterprise that has completed the last production process of the cosmetic contents.

According to the source, the company sold and packaged cosmetics without obtaining a production license. The process involved filling and filling, and labeling was also a production process. Therefore, the above behavior of the company has violated the Supervision and Administration Measures of Cosmetics Production and Operation.

It is also stipulated in Article 27 of the Regulations on the Supervision and Administration of Cosmetics that cosmetics manufacturers shall apply to the drug regulatory department of the people's government of the province, autonomous region or municipality directly under the Central Government and submit relevant materials. After on-site inspection of the applicant's production site, the local drug regulatory department shall decide whether to issue a production license according to the circumstances.According to Article 59 (1) of the Regulations on the Supervision and Administration of Cosmetics, Shanghai Songjiang District Market Supervision Administration imposed the following penalties on the cosmetics companies in Shanghai: confiscation of illegal income of 3,713 yuan; 332 bottles of illegally produced cosmetic samples, 1 box of syringes and 2 boxes of samples specially used for illegal production were confiscated; A fine of 50,000 yuan.

In 2017, cosmetics companies in Shanghai were involved in a dispute with professional counterfeiters over the sale of shampoo, according to public information on the China Judicial Documents website. The shampoo sold by the company is ordinary shampoo, and the product is registered as ordinary cosmetics, but it is advertised as special cosmetics with hair raising function on Taobao Tmall, which violates the provisions of Article 10 of the Regulations on Cosmetic Hygiene Supervision.

Strictly inspect "self-matching production", supervision is just in time

Unlike this case of selling cosmetics by filling samples with authentic products, a previous case of unlicensed cosmetics production published in Yangzhou involved purchasing the outer packaging of authentic brands, then filling other raw materials and selling them as overseas purchasing agents.

According to the report, the suspect, surnamed Chen, bought empty bottles of cosmetics from the Internet, with prices ranging from tens to hundreds of yuan. Han was in charge of purchasing raw materials and selling finished products for counterfeiting, while Chi and Li were in charge of filling, packaging, shipping and finance. The gang, under the guise of selling different versions in different regions, sold the products at low prices on online shopping platforms, earning 31 million yuan in two years.

The above several people's behavior violated the "unlicensed unlicensed management measures", "cosmetics supervision and management Regulations" and "product quality law", Yangzhou City Guangling court according to the law to the above several people made two years six months to four years imprisonment, fined 8.6 million yuan.

In July this year, Weifang City Kuiwen District market supervision and law enforcement brigade received a report that a trading company in a people's rental house through live broadcasting, public sales of unauthorized preparation of cosmetics. Subsequently, law enforcement officers investigated and punished the company involved in the case, seized the items involved, and launched a case investigation. The company said in the broadcast that it can make cosmetics on the spot according to the skin condition described by fans, so that it can achieve a 'customized' beauty effect.

"Cosmetics operators shall not make cosmetics by themselves" has been clearly written into the "Regulations on the Supervision and Administration of Cosmetics" in the form of legislation. In the new regulations, it is clearly pointed out that "cosmetics operators will face punishment if they make cosmetics without authorization, or if they manage cosmetics that have deteriorated or exceeded the use period. A fine of more than 10,000 yuan to less than 50,000 yuan, or a fine of more than 5 times and less than 20 times the value of the goods; In serious cases, people will be punished and even banned from cosmetics production and marketing for 10 years."

Any form of unlicensed production, under any banner, is now subject to regulations. At the same time, the enterprise also began to pay attention to the waste of empty bottles of recycling, on the one hand can protect the environment, reduce the waste of resources; On the other hand, it is also conducive to maintaining the brand image and eliminating the phenomenon of fake bottles.