In the buyer's show of a store, many netizens showed off the children's lipstick, eye shadow, etc.**, and some**The protagonist looks like a four- or five-year-old preschooler, the child's immature face looks too rosy because of the blush, the eyes are a little swollen because of the pink eyeshadow, and the small mouth is painted with big red lipstick.
The results of searching for "children's makeup" and "children's cosmetics" show that some cosmetics sold to children and used by children are actually ** cosmetics, which are "pseudo" children's cosmetics. In the vicinity of some schools, students can buy eyeshadow with sequins and lipstick for dozens of yuan at the commissary, all of which do not have children's cosmetics logos.
According to the provisions of the Children's Cosmetics Insurance** and the "Regulations on the Supervision and Administration of Children's Cosmetics", children's cosmetics need to be marked with "precautions" and "special signs", otherwise they shall not be sold. It is illegal for a merchant to sell non-children's cosmetics to children, and it is obviously impossible to indicate the "children's cosmetics mark".
In the sales process, it is necessary to strengthen the review of the sales and operation qualifications of e-commerce platforms and retail retailers, and those who do not have cosmetics business qualifications but use children's toy packaging to sell children's cosmetics should be deemed to be "beyond the scope of business" and punished; If ordinary cosmetics are passed off as children's cosmetics, penalties will be imposed in accordance with the provisions of the Consumer Rights Protection**.
How do toy stores sell children's eyeshadow? Cosmetics have become 'toys' that children can buy and use at will? This is the doubt of Li Qing (pseudonym), a resident of Chaoyang District, Beijing, during the Chinese New Year this year.
The reporter's recent investigation found that many children are using children's cosmetics, but some children's cosmetics are sold in toy stores, and even appear in the commissaries around the school.
In fact, in order to regulate the production and operation of children's cosmetics, the State Drug Administration organized and issued the "Regulations on the Supervision and Administration of Children's Cosmetics". The reporter of "Rule of Law**" conducted an investigation.
Toy stores sell children's makeup
There is no children's cosmetics logo
When Li Qing returned to his hometown for the New Year this year, he brought some **, lipstick, eye shadow, foundation and other cosmetics for his own use, but he was seen by his 11-year-old sister, who was arguing every day that she "wanted to put on makeup". After careful questioning, I learned that many girls in my sister's class, who are in the fifth grade of primary school, have worn makeup, at least taken beautiful art photos, and some have brought pale pink lip balm to school.
My sister envied her classmate's 'delicacy' and asked me to teach her how to put on light makeup. Li Qing said.
Considering that her sister is too young and delicate, Li Qing was worried that she would steal her own cosmetics and cause allergies, so she decided to take the initiative to buy children's cosmetics for her sister. However, when Li Qing typed "children's cosmetics", "children's eyeshadow" and "children's lipstick" into the search box of the shopping platform, she found that many children's cosmetics were sold by toy stores.
After hesitation, Li Qing still placed an order for her sister to buy some children's cosmetics that seemed to be of good quality, but after receiving the goods, she found that some of the sequin eyeshadows did not have children's cosmetics logos.
Zong Jing (pseudonym), a citizen of Jinan, Shandong Province, also bought some children's cosmetics for her little daughter who is in kindergarten in the toy store on the shopping platform.
Zong Jing told reporters that her daughter especially likes to apply eye shadow, lipstick and other makeup to her face.
When asked by a reporter why she likes makeup, she smiled and nodded timidly: "I like it, makeup can make me happy." ”
Zong Jing admits that she does not know the ingredients of the children's cosmetics she buys, but she has only seen shops claiming that they are cosmetics that can be used by children, "but these stores do not specialize in children's cosmetics".
After the reporter opened the children's cosmetics shopping link given by Zong Jing, he found that this was a toy franchise store, and the link name was marked "toys for little girls aged 3 to 6".
The reporter's investigation found that on the e-commerce platform, there are indeed many high-sales children's cosmetics sets sold in toy stores, such as "baby high-end toys", the toy type is "playhouse", and the product name is "children's cosmetics toy set".
In a store's buyer's show, many netizens showed off their children's lipstick, eye shadow, etc., and some of the protagonists looked like four or five-year-old preschool children, the child's immature face looked too rosy because of the blush, the eyes looked a little swollen because of the pink eyeshadow, and the small mouth was painted with big red lipstick.
The cosmetics sold in the store did not remind children to use them under the supervision of **. In the comment area, some netizens asked "Is there a little golden shield (children's cosmetics logo)", individual buyers replied "no", and more buyers answered "what is a small golden shield", and some buyers said that after using it, there was a little *** eye shadow or blush, and the child was a little itchy.
According to the Provisions on the Supervision and Administration of Children's Cosmetics, which came into effect on January 1, 2022, children's cosmetics refer to cosmetics that are suitable for children under the age of 12 (including 12 years old) and have the effects of cleansing, moisturizing, toning, and sunscreen. Products that indicate words such as "suitable for the whole population and the whole family" or use trademarks, patterns, homonyms, letters, Chinese pinyin, numbers, symbols, packaging forms, etc., to imply that the product users include children, shall be managed in accordance with children's cosmetics.
At the same time, China encourages cosmetics operators to display children's cosmetics in different areas and publicize children's cosmetics logos in sales areas. For children's cosmetics operators on e-commerce platforms and e-commerce operators that operate children's cosmetics through self-built** or other online services, they shall comprehensively, truthfully and accurately disclose information such as cosmetics labels that are consistent with the cosmetics registration or filing materials, and continue to publicize the children's cosmetics logo in a conspicuous position on the product display page.
The children's cosmetics mark "Xiaojindun" was issued by the State Food and Drug Administration, and from May 1, 2022, children's cosmetics applying for registration or filing must be marked with the children's cosmetics logo.
That is to say, "Little Golden Shield" is a distinguishing mark for children's cosmetics to distinguish from ** cosmetics, disinfection products, toys and other easily confused products, and non-children's cosmetics shall not be marked with this mark.
According to Yao Jinju, a professor at the Law School of Beijing University of Foreign Chinese and director of the Sino-Foreign Education Law Research Center, whether it is sold in physical stores or on e-commerce platforms, the "Little Golden Shield" logo must be marked and publicized.
**Cosmetics are sold to children
It is easy to buy around the school
In the course of the investigation, the reporter found that the results of searching for "children's makeup" and "children's cosmetics" showed that some of the cosmetics sold to children and used by children were actually ** cosmetics, which were "pseudo" children's cosmetics.
For example, a store on a platform sells a "special cosmetics set for Children's Day", which includes a base cream, liquid foundation, blush, setting powder, lipstick, 30-color eyeshadow palette, eyeliner, mascara and other products. The product is billed as "one set is all it takes!" It is suitable for multiple scenarios. Authoritative testing, you can buy with peace of mind. Botanical makeup, mom is more at ease".
The reporter asked the seller: "Is this a children's cosmetics?" The customer service replied: "The main products of barrier cream, foundation, blush, makeup remover, cream, lipstick, and setting powder have the 'Little Golden Shield' logo, and the others have not yet been applied." The product is safe and gentle, so you can buy it with confidence. ”
Because there is no mention of eyeshadow, eyeliner, mascara and other products, the reporter confirmed to the customer service whether these products belong to children's cosmetics, and the customer service said that "there is no 'little golden shield' logo for the time being", but "children can use it, it is very gentle and easy to use, and the customer feedback is good."
A chain of big-name online skincare and beauty stores sells a "children's stage makeup show makeup set, eyeshadow and blush powder in one non-toxic makeup". The reporter consulted customer service: "Is this a children's cosmetic?" The customer service replied: "It is not a children's cosmetics, and there is no 'little golden shield' logo." The reporter asked if the children's dance class performance program can be used? The customer service said: "It can be used, the makeup will not be light in color, and the effect is very good."
The reporter saw that more than 200 people bought this cosmetics in a week, and more than 900 people added purchases. There are more than 290 comments in the comment area, most of which are praise: "I bought it for children's performances, and the things are very complete", "The makeup tools are a full set, eye shadow, foundation, blush, loose powder, makeup brushes, and puffs are all available", "My girl likes it so much".
The reporter also visited a number of large supermarkets and skin care cosmetics stores in Chaoyang District and Xicheng District of Beijing, and found that most of the merchants did not distinguish between children's makeup and ** makeup.
In a ** cosmetics chain store, the reporter said that he wanted to buy children's makeup for his cousin who went to elementary school, and the clerk said that there was no special children's makeup, but "I can help with a box". The reporter asked if there was a *** clerk who said, "Choose sensitive skin that can be used and milder, many children buy our makeup for performances, and there is no difference in use."
The reporter bought a **20 yuan color eyeshadow called "Children's Performance Sesame Eye Makeup" in a convenience store, and repeatedly asked the merchant whether the product was specially used for children's makeup, and the other party said "yes". After the reporter made the payment, he opened the packaging of the product and found that the product did not belong to children's cosmetics, and the production license number was not even written, and the manufacturer's business scope did not include children's cosmetics.
The reporter also found that there are also businesses selling cosmetics near primary and secondary schools in some areas, and the merchants sell ** cosmetics to children.
In a small store near a primary school in Shandong, students can buy eyeshadow with sequins for only a dozen yuan, lipstick and other products for dozens of yuan, these products do not have children's cosmetics logos, and the merchants said that the sales are very good, "light-colored lipsticks sell well, and there are lip balms with colors, which will not be found by the teacher when they are applied in class."
On a short ** platform, there are bloggers who conduct "cosmetics evaluation of stationery stores at the entrance of primary schools". The blogger bought a small flower foundation, makeup contouring pen, and a cosmetics family bucket (eyebrow pencil, eyeliner, eye shadow, blush, etc.) at the entrance of an elementary school, and after trying the small flower foundation, she sighed, "Oh my God, light cream skin, this is too silky, even acne scars and so on can cover up all seven, seven, eight, eight, eight, etc., this is only 19."9 yuan" "peach eyeshadow palette, earthy eyeshadow palette, two-tone blush, as well as two eyebrow pencils and eyeliner, and even a brush".
Can I sell lipsticks and eyeshadows that are not children's cosmetics around the school?
In Yao Jinju's view, businesses are not allowed to sell non-children's cosmetics to children. According to the provisions of the "Provisions on the Supervision and Administration of Children's Cosmetics", children's cosmetics need to be marked with "precautions" and "special signs", otherwise they shall not be sold. It is illegal for a merchant to sell non-children's cosmetics to children, obviously unable to indicate the "children's cosmetics mark".
*Zhang Bufeng, a professor at the School of Law of Minzu University, believes that if such products are children's toys, that is, "lipstick toys" and "blush toys" produced in accordance with toy standards, they are not managed as cosmetics, and the relevant departments should test the content of relevant elements of toy materials in accordance with the relevant provisions of the Product Quality Law and relevant standards. At the same time, it should be ascertained whether the operator has the qualifications to deal in cosmetics, and if it has not obtained the qualification to sell cosmetics, it is considered to engage in business activities in violation of regulations.
Business operators shall, in accordance with the provisions of the protection of minors, mark precautions in a conspicuous position on toys that may endanger the physical and mental health of minors, and must not be sold if they are not indicated. Where sales are made in violation of regulations, infringe upon the lawful rights and interests of minors, or cause damage to their bodies, property, or other damages, they shall bear corresponding responsibility in accordance with law. Zhang Bufeng said.
Regulatory requirements should be fully implemented
There is a safe area around the school
In response to the chaos in the sales of children's cosmetics, the interviewed experts gave suggestions for treatment.
Children include kindergarten children and elementary school students. Merchants will take advantage of children's unique psychology to integrate elements such as popular **, online games, and fashionable toys into cosmetics packaging, arousing children's curiosity about cosmetics, and children will also influence each other. Yao Jinju said that supervision of the sale of children's cosmetics should be strengthened.
China's supervision of children's cosmetics is very strict, and the "Regulations on the Supervision and Administration of Children's Cosmetics" has been specially issued to supervise the whole process of children's cosmetics from production to sales and ensure the safety of children's cosmetics. Zhang Bufeng said.
Zhang Bufeng explained that in the production process, the formula design and use of raw materials for children's cosmetics must be strictly controlled in accordance with the "Guidelines for the Declaration and Evaluation of Children's Cosmetics" and "Good Manufacturing Practice for Cosmetics", so that they meet the scientific and necessary production requirements. In the packaging process, the responsible entities are urged to strictly implement the signs that are prominently marked with guiding words such as "Xiaojindun", "Attention" or "Warning" in China's "Regulations on the Supervision and Administration of Children's Cosmetics", and the statutory requirements such as words such as "food grade" and "edible" or food-related patterns shall not be marked.
Zhang Bufeng believes that in the sales process, it is necessary to strengthen the review of the sales and operation qualifications of e-commerce platforms and retailers, and those who do not have cosmetics business qualifications but use children's toy packaging to sell children's cosmetics should be identified as "beyond the scope of business" and punished; If ordinary cosmetics are passed off as children's cosmetics, penalties will be imposed in accordance with the provisions of the Consumer Rights Protection**. It is also advisable for sellers to have business qualifications and actively fulfill the legal responsibilities of establishing and implementing a purchase inspection record system and displaying children's cosmetics in different areas as stipulated in the Provisions on the Supervision and Administration of Children's Cosmetics.
In the supervision process, the department responsible for drug supervision and administration needs to follow the principle of risk management, combine with local conditions, and according to the sales status of different businesses, include cosmetics operators with more concentrated sales behaviors in key supervision objects, and increase the frequency of supervision and inspection to ensure the safety of children's cosmetics. Zhang Bufeng said.
The interviewed experts believe that the "Provisions on the Supervision and Administration of Children's Cosmetics" should be fully implemented at present, and the relevant competent departments need to strengthen supervision and inspection and the frequency of supervision and sampling, and promptly file cases for investigation and punishment of illegal sales of children's cosmetics found; Clear channels for complaints, protect the rights and interests of consumers, and attach great importance to complaints and reports that occur in the process of parents purchasing and children using children's cosmetics, and promptly deal with them.
In Yao Jinju's view, in view of the phenomenon of selling non-children's cosmetics around schools, businesses should be given the duty of care or warning for non-children's cosmetics in accordance with the law. At the same time, from the perspective of market supervision, it can rely on the "student safety area system" to carry out supervision.
For example, the "Beijing Primary and Secondary School Kindergarten Safety Management Regulations (Trial)" stipulates that within 200 meters around the school, the relevant departments will focus on rectifying the environmental order around the school according to their responsibilities, and strengthen the supervision of business service places and business service activities around the school, as well as the public security situation and traffic order.
In addition to strengthening supervision, citizens should also be encouraged to report the illegal sale of non-children's cosmetics or children's cosmetics of substandard quality in the vicinity of schools. Yao Jinju said.
What do parents need to pay attention to when choosing cosmetics for their children?
Zhang Bufeng believes that do not blindly buy products marked with "food grade" and "edible", such labels are expressly prohibited in the "Regulations on the Supervision and Administration of Children's Cosmetics". If consumers are unable to identify whether the cosmetics are children's cosmetics, they should take the initiative to ask the business operator, and can check the product registration or filing information through the "Cosmetics Supervision" APP, and do not use beauty toys as children's cosmetics.
Zhang Bufeng reminded that it is necessary to choose the right cosmetics for children of different ages. According to the "Classification Rules and Classification Catalogue of Cosmetics" issued by the National Medical Products Administration, the efficacy claims of cosmetics used by infants and young children between the ages of 0 and 3 do not include "makeup" categories such as beauty modification and makeup remover. For this reason, parents should not buy "makeup" for infants and toddlers under the age of 3. It is illegal to use a cosmetic product label that it can be used by infants and toddlers under the age of 3.
Yao Jinju said that "Little Golden Shield" is not a product quality certification mark, and the "Little Golden Shield" is marked on the packaging of cosmetics, which only indicates that this product belongs to children's cosmetics, and its purpose is to "improve the recognition of children's cosmetics and protect consumers' right to know", which does not mean that the quality and safety of the product has been certified. Therefore, in addition to paying attention to the "small golden shield", parents also need to carefully check the business license, national compulsory product certification certificate and other documents of the operator when purchasing, and choose a formal merchant with complete licenses for trading. At the same time, as a consumer, you should pay attention to business information, product reputation, evidence retention and other matters.
Comic Li Xiaojun
*:Rule of law**.