Violations of cosmetic labeling: Penalties and remedies

Violations of cosmetic labeling are happening commonly in the Vietnamese market due to lack of understanding of legal regulations or intentional violation of the law. This behavior not only affects consumer rights but also causes businesses to face strict sanctions according to current regulations. The following article analyzes in detail the regulations, fines, and remedies for violations of cosmetic labeling.

What is cosmetic labeling?

Cosmetic labeling is the display of basic information about a cosmetic product on the packaging so that consumers can correctly identify its uses and uses. Cosmetic labeling is also a basis for authorities to manage and check the accuracy of products on the market. Cosmetic labeling content must comply with current legal regulations in Vietnam and international standards.

Cosmetic labeling plays an important role in protecting consumer rights, helping users correctly identify the origin, ingredients, uses and uses of the product. Standard cosmetic labels also help distinguish genuine products from fake and counterfeit goods, ensuring health safety for users.

Current general regulations on cosmetic labeling?

Regulations on cosmetic labeling in Vietnam are governed by many specialized legal documents. Cosmetics manufacturing and trading businesses need to clearly understand these regulations to avoid violating the law. Specific regulations are as follows:

Cosmetic label location

Cosmetic labels must be attached to the goods and commercial packaging of the goods in a position where, when observed, the specified contents of the label can be easily identified without having to disassemble the details and parts of the goods.

In case the outer packaging cannot or cannot be opened, the outer packaging must have a label and the label must fully present the required contents.

Size, form and content of the label

Organizations and individuals responsible for bringing cosmetic products to market must determine the size of cosmetic labels themselves, but must ensure that the information on the label must be easy to read with the naked eye. The content of the label and sub-label (if any) must be honest, clear, accurate and reflect the true features of the product.

The colors of letters, numbers, drawings, images, signs and symbols presented on cosmetic labels must be clear. The color of letters and numbers must contrast with the background of the label.

Required content must be recorded on the label

1. Cosmetic product labels must comply with ASEAN cosmetic labeling requirements. The following information must be shown on the product label:

• The name of the product and its function, unless the product presentation clearly demonstrates the product’s function;
• Instructions for use, unless the presentation clearly shows how the product is to be used;
• Full formula ingredients: Must clearly state the ingredients according to the international nomenclature specified in the latest publications (not the percentage of ingredients);
• Name of manufacturing country;
• Name and address of the organization or individual responsible for bringing the product to market (fully written in Vietnamese according to the Business Registration Certificate or Investment License);
• Quantity expressed in net weight or volume, according to the metric system or both the metric and imperial systems;
• Production batch number;
• The date of manufacture or expiry date must be clearly shown (for example: day/month/year). Date recording must clearly show month, year or day, month, year in the correct order. You can use the words “expiry date” or “best before date”, if necessary, additional conditions can be added that need to be followed to ensure product stability.

For products with a stability of less than 30 months, the expiration date is required.

Note on safety when using, especially according to the notes in the column “Conditions of use and warnings required to be printed on product labels” mentioned in the annexes of the ASEAN Cosmetic Agreement, these precautions are required to be shown on the product label.

2. In case the size, shape or packaging material cannot fully print the information specified on the original label, these mandatory contents must be written on the secondary label attached to the cosmetic product and the cosmetic label must indicate where those contents are written.

The following information must be recorded on the original label of the product’s direct packaging:

• Product name;
• Production batch number.

Language presented on cosmetic labels

The prescribed content must be presented in English or Vietnamese.

Pursuant to the regulations on cosmetic labeling specified in Articles 16, 17, 18, 19 of Circular 06/2011/TT-BYT.

Penalties for violations of cosmetic labeling

According to Clause 1, Article 30 of Decree 119/2017/ND-CP amended by Clause 46, Article 2 of Decree 126/2021/ND-CP, the fine level for violations of goods labeling such as labels that are covered up, torn, blurry and cannot be read or not written in accordance with regulations on the size of letters and numbers and language used are specifically prescribed as follows:

1. Fine from 500,000 VND to 1,000,000 VND For one of the following acts in case of violating goods with a value of up to 5,000,000 VND, except in cases where goods imported into Vietnam have original labels but the contents on the labels cannot be read according to law and the organizations and individuals importing the goods cannot fix them, goods imported into Vietnam have original labels but do not have secondary labels when carrying out customs clearance procedures:

• Goods that have labels but are covered, torn, blurred and cannot be read or all required content on the labels cannot be read;
• Goods with labels that do not comply with regulations on size of letters and numbers, language used, quantity and units of measurement according to the law on goods labels.

2. The fine level for violations specified in this Section 1 in cases where the violated goods are valued at over 5,000,000 VND is specified as follows:

• Fine from 1,000,000 VND to 3,000,000 VND In case the infringing goods are valued from over 5,000,000 VND to 10,000,000 VND;
• Fine from 3,000,000 VND to 5,000,000 VND In case the infringing goods are valued from over 10,000,000 VND to 20,000,000 VND;
• Fine from 5,000,000 VND to 7,000,000 VND In case the infringing goods are valued from over 20,000,000 VND to 30,000,000 VND;
• Fine from 7,000,000 VND to 10,000,000 VND In case the infringing goods are valued from over 30,000,000 VND to 50,000,000 VND;
• Fine from 10,000,000 VND to 15,000,000 VND In case the infringing goods are valued from over 50,000,000 VND to 70,000,000 VND;
• Fine from 15,000,000 VND to 20,000,000 VND In case the infringing goods are valued from over 70,000,000 VND to 100,000,000 VND;
• Fine from 20,000,000 VND to 30,000,000 VND in case the infringing goods are valued at over 100,000,000 VND.

Complying with cosmetic labeling regulations not only helps businesses avoid administrative fines but also ensures brand reputation and consumer rights. Therefore, organizations and individuals trading in cosmetics need to proactively review and adjust product labels in accordance with legal regulations to limit risks and improve professionalism in the market.

Remedial measures for violations of cosmetic labeling

In addition to fines, when violating regulations on cosmetic labeling, organizations and individuals must also take remedial measures as prescribed in Clause 3, Article 30, Decree 119/2017/ND-CP amended by Clause 47, Article 2, Decree 126/2021/ND-CP. These measures are intended to ensure consumer rights and thoroughly overcome the consequences caused by violations, such as:

• The first remedial measure is to force the recall of infringing goods and to force the labeling of goods according to regulations before being put into circulation. For violating goods labels, the authorities will force them to destroy them. In cases where the infringing label cannot be separated from the goods, the goods will be forced to destroy or change the purpose of use.
• If the evidence or means of violation have been consumed, dispersed or destroyed in contravention of the law, the violating organization or individual will be forced to pay back an amount equal to the value of such evidence or means. Enterprises need to note that remediation is mandatory and must be done seriously and on time to avoid additional sanctions or aggravating circumstances.

In-depth consulting services on fines and remedies for violations of cosmetic labeling at Long Phan Consulting Company

Long Phan Consulting Company provides in-depth consulting services on cosmetic labeling, helping businesses comply with legal regulations and avoid risks of violation. With a team of experienced experts in the field of commerce, Long Phan Consulting Company is committed to providing optimal solutions, suitable for each customer’s specific case.

Consulting services of Long Phan include:

• In-depth consultation on cosmetic labeling according to current regulations;
• Support to review and evaluate current cosmetic label samples;
• Support businesses in providing guidance on handling legal issues when violations of cosmetic labeling have occurred, helping to minimize damage and effectively overcome consequences.

With extensive understanding and commitment to accompany businesses, Long Phan Consulting Company is a reliable partner to help customers ensure compliance with cosmetic labeling regulations, minimize risks and develop sustainably in the market.

Frequently asked questions

Below are questions related to fines for violations of cosmetic labeling.

What is a cosmetic supplement label and when should it be used?

Secondary labels are additional labels, used when the original label does not have enough space to write all required information according to regulations. Secondary labels must contain important information and be attached to the product.

If the original label is lost or damaged, what should businesses do?

Businesses need to quickly print and label replacement labels, ensuring full information according to regulations. If the product is already in circulation, it needs to be recalled for additional labeling.

Is it mandatory to translate all original label content into Vietnamese?

Full translation is not required, but important information such as product name, uses, ingredients, instructions for use, and manufacturer information must be fully translated into Vietnamese.

Do sample cosmetic products need full labels?

The test sample also needs a label, but some information can be simplified if the size is too small. However, the product name, main uses, and safety warnings must still be clearly stated.

Can businesses design their own cosmetic labels?

Businesses can design their own, but must ensure compliance with regulations on content, size, and language. You should consult an expert to avoid errors.

What notes are necessary about production date and expiration date?

Production date and expiration date must be clearly printed and easy to read. For products with a shelf life of less than 30 months, the expiration date must be clearly stated. You can also use the phrase “best before date”.

Conclude

Violations of cosmetic labeling can cause many serious consequences for businesses. Please contact Long Phan Consulting Company immediately via the hotline: 0906735386 for in-depth advice on cosmetic labeling regulations, fines and remedies for violations. We are committed to accompanying our customers, helping businesses comply with the law and develop sustainably.