Investigation on the chaos of children’s cosmetics sales： adult cosmetics are sold to children
● In the buyer’s show of a store, many netizens showed photos of children wearing lipstick and eye shadow. Some of the main characters in the photos looked like preschool children of four or five years old. The child’s tender face was too rosy because of blush, his eyes were swollen because of pink eye shadow, and his mouth was painted with big red lipstick.
● Search for "children’s makeup" and "children’s cosmetics" shows that some cosmetics sold to children and used by children are actually adult cosmetics, which are "fake" children’s cosmetics. In the vicinity of some schools, students can buy eye shadow with sequins, lipstick and other products in the canteen for only a dozen yuan, and these products are not marked with children’s cosmetics.
● According to the provisions of the Law on the Protection of Minors and the Regulations on the Supervision and Administration of Children’s Cosmetics, children’s cosmetics must be marked with "precautions" and "special signs", otherwise they may not be sold. It is illegal for a merchant to sell non-children’s cosmetics to children. Obviously, it is 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 retailers. Those who use children’s toys to sell children’s cosmetics without cosmetics business qualifications should be considered as "beyond the business scope" and punished; If ordinary cosmetics are passed off as children’s cosmetics, they will be punished in accordance with the provisions of the Consumer Protection Law.
□ Our trainee reporter Ding Yi
□ Our reporter Wen Lijuan
"How to sell children’s eye shadow in the toy store? Cosmetics have become something that children can buy and use at will ‘ Toys ’ ？” This is the doubt of Li Qing (pseudonym), a resident of Chaoyang District, Beijing, during the Spring Festival this year.
According to a recent investigation by the reporter, many children are using children’s cosmetics, but some children’s cosmetics are sold in toy stores, and even appear in the canteen around the school. Some of the cosmetics claimed to be used for children do not have children’s cosmetics signs, and they are not written and reminded. Minors need to use them under the supervision of adults.
In fact, in order to regulate the production and operation of children’s cosmetics, National Medical Products Administration organized and issued the Regulations on the Supervision and Administration of Children’s Cosmetics. The reporter of Rule of Law Daily conducted an investigation.
Toy shops sell children’s cosmetics.
No children’s cosmetics logo
Li Qing brought some cosmetics such as facial mask, lipstick, eye shadow and liquid foundation for her own use when she returned to her hometown for the Spring Festival this year. As a result, her 11-year-old sister saw it and clamored for "makeup" every day. After careful inquiry, I learned that some girls in my sister’s class in the fifth grade of primary school had biochemical makeup, at least took good-looking art photos, and some even brought pale pink lip balm to school.
"Sister envy classmates ‘ Exquisite ’ I must teach her how to make light makeup. " Li Qing said.
Considering her younger sister’s age is too small and her skin is delicate, Li Qing is worried that her stealing her own cosmetics will cause skin allergy, so she decides to take the initiative to buy children’s cosmetics for her younger sister to use. However, when Li Qing entered "children’s cosmetics", "children’s eye shadow" and "children’s lipstick" in the search box of the shopping platform, he found that many children’s cosmetics sellers were toy stores.
After hesitation, Li Qing still placed an order for her sister to buy some children’s cosmetics with good quality, but after receiving the goods, she found that some sequined eye shadows didn’t bear the logo of children’s cosmetics.
Zong Jing (pseudonym), a citizen of Jinan, Shandong Province, also bought some children’s cosmetics for her little daughter who went to kindergarten in the toy store on the shopping platform.
Zong Jing told reporters that her daughter especially likes to apply makeup such as eye shadow and lipstick to her face.
The little girl can’t speak fluently. When asked by a reporter why she likes makeup, she smiled and nodded timidly and said, "Yes, makeup can make me happy."
Zong Jing admits that she doesn’t know the ingredients of the children’s cosmetics she bought, but she only sees that the shops claim that it is a cosmetic that children can use. "But these shops don’t specialize in children’s cosmetics."
After opening the shopping link of children’s cosmetics given by Zong Jing, the reporter found that this is a toy franchise store, and the name of the link is marked "Toys for little girls aged 3 to 6".
The reporter’s investigation found that on the e-commerce platform, there are indeed many children’s cosmetics sets with high sales volume sold in toy stores, such as "XX Baby High-end Toys", with the toy type of "playing house" and the trade name of "XX Children’s Cosmetic Toy Set".
In the buyer’s show of a store, many netizens showed photos of children wearing lipstick and eye shadow. Some of the main characters in the photos looked like preschool children of four or five years old. The child’s tender face was too rosy because of blush, and his eyes looked swollen because of pink eye shadow. His mouth was painted with big red lipstick.
The cosmetics sold in this shop did not remind children to use them under adult supervision. In the comment area, some netizens asked "Is there a small golden shield (a sign of children’s cosmetics)", and some buyers replied "No". More buyers answered "What is a small golden shield", and some buyers said that there was a little side effect after using it, "The child is a little itchy after wearing eye shadow or blush".
According to the Regulations 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 functions of cleaning, moisturizing, refreshing and sun protection. Labeling words such as "applicable to the whole population and the whole family" or using trademarks, patterns, homophones, letters, Chinese Pinyin, numbers, symbols, packaging forms, etc. to imply that the product users include children’s products, it shall be managed according to children’s cosmetics.
At the same time, China encourages cosmetics operators to display children’s cosmetics in different areas and publicize children’s cosmetics signs in the sales areas. For children’s cosmetics operators in the e-commerce platform and those who operate children’s cosmetics through self-built websites and other online services, information such as cosmetics labels consistent with cosmetics registration or filing materials should be fully, truly and accurately disclosed, and children’s cosmetics signs should be continuously publicized in a prominent position on the product display page.
The children’s cosmetics logo "Xiaojindun" was issued by National Medical Products Administration. Since May 1, 2022, children’s cosmetics applying for registration or filing must be marked with the children’s cosmetics logo.
In other words, "Little Golden Shield" is a distinctive sign that children’s cosmetics are different from adult cosmetics, disinfection products, toys and other easily confused products. Non-children’s cosmetics may not be marked with this sign.
According to Yao Jinju, a professor at the School of Law of Beijing Foreign Studies University and director of the Research Center for Chinese and Foreign Education Law, whether selling children’s cosmetics in physical stores or on e-commerce platforms, the "Little Golden Shield" logo must be marked and publicized, and selling children’s cosmetics that are not marked and publicized on the packaging display surface/page is suspected of violating the law.
Adult cosmetics are sold to children
It is easy to buy around the school.
During the investigation, the reporter found that the results of searching for "children’s makeup" and "children’s cosmetics" showed that some cosmetics sold to children and used by children were actually adult cosmetics, which were "fake" children’s cosmetics.
For example, a store on a certain platform sells a "Children’s Day Cosmetic Set", which includes products such as cream, liquid foundation, blush, loose makeup powder, lipstick, 30-color eye shadow tray, eyeliner and mascara. The product is known as "one set!" Multi-scene application. After authoritative testing, you can buy with peace of mind. Plant makeup, my mother is more at ease. "
The reporter asked the seller: "Is this children’s cosmetics?" The customer service replied: "The main products are ‘ cream, liquid foundation, blush, makeup remover, face cream, lipstick and loose makeup powder; Xiaojindun ’ Logo, others have not been applied for yet. The products are safe and gentle, so you can buy them with confidence. "
Because no eye shadow, eyeliner, mascara and other products were mentioned, the reporter confirmed to the customer service whether these products belonged to children’s cosmetics, and the customer service said, "No ‘ Xiaojindun ’ Sign ",but" children can use it, which is quite gentle and easy to use, and the customer feedback is good. "
A chain big-name online skin care and beauty shop sells a "children’s stage makeup performance makeup kit, eye shadow blush powder cake integrated non-toxic makeup". The reporter asked the customer service: "Does this belong to children’s cosmetics?" The customer service replied, "It’s not children’s cosmetics, no ‘ Xiaojindun ’ Sign. " The reporter asked whether the children’s dance class performance program can be used. Customer service said: "It can be used, the makeup will not be light, and the effect is very good."
The reporter saw that more than 200 people bought this cosmetic in a week, and more than 900 people bought it. There are more than 290 comments in the comment area, most of which are favorable comments: "I bought it for children to perform, and everything is complete." "I have a full set of makeup tools, including eye shadow, foundation, blush, loose powder, makeup brush and powder puff." "My girl likes it very much."
The reporter also visited a number of large supermarkets and skin care cosmetics shops in Chaoyang District and Xicheng District of Beijing, and found that most businesses did not distinguish between children’s makeup and adult makeup.
In an adult makeup chain, the reporter said that he would buy children’s makeup for his cousin in elementary school. The clerk said that there is no special children’s makeup, but "it can help to match a box". The reporter asked if there were any side effects, and the clerk said, "Choose something mild that can be used for sensitive skin. Many children buy our makeup for performances, and it makes no difference."
The reporter bought a color eye shadow named "sequined eye makeup for children’s performance" in a convenience store, and repeatedly asked the merchant whether the product was specially used for children’s makeup. The other party said "yes". After the reporter paid, he unpacked the goods and found that the goods did not belong to children’s cosmetics, and even the production license number was not written. The business scope of the manufacturer 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 businesses sell adult cosmetics to children.
In a canteen near a primary school in Shandong province, students can buy eye shadow with sequins for only a dozen yuan, lipstick and other products for dozens of yuan. These products are not marked with children’s cosmetics, and the merchant said that the sales volume is quite good. "Light lipstick sells well, and there is lip balm with color, which will not be discovered by the teacher in class."
On a short video platform, a blogger conducted a "cosmetic evaluation of stationery store at the entrance of primary school". At the entrance of a primary school, the blogger bought Floral Liquid Foundation, Makeup Pencil, Cosmetic Household Bucket (Eyebrow Pencil, Eyeshadow, Blush, etc.). After trying Floral Liquid Foundation, she sighed, "God, it’s so silky, even acne marks can be covered, and this is only 19.9 yuan."
Can you sell lipstick and eye shadow that are not children’s cosmetics around the school?
In Yao Jinju’s view, businesses are not allowed to sell non-children cosmetics to children. According to the Law on the Protection of Minors 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 may not be sold. It is illegal for a merchant to sell non-children cosmetics to children, and it is obviously impossible to indicate the "children’s cosmetics mark".
Zhang Bufeng, a professor at the Law School of Minzu University of China, believes that if such products are children’s toys, that is, products such as "lipstick toys" and "blush toys" produced according to toy standards are not managed as cosmetics, the relevant departments should test the relevant element content of toy materials according to the relevant provisions of the Product Quality Law and relevant standards. At the same time, it should be found out whether the operator has the qualification to deal in cosmetics. If he has not obtained the qualification to sell cosmetics, he is engaged in business activities in violation of regulations.
"Operators shall, in accordance with the provisions of the Law on the Protection of Minors, mark the precautions in a prominent position for toys that may endanger the physical and mental health of minors. If they are not marked, they shall not be sold. Those who sell in violation of regulations infringe upon the legitimate rights and interests of minors and cause personal, property or other damage shall bear corresponding responsibilities according to law. " Zhang Bufeng said.
Regulatory provisions should be fully implemented.
Set up a safe area around the school.
In view of the chaos of children’s cosmetics sales, the interviewed experts gave suggestions on governance.
"Children include kindergarten children and primary school students. Merchants will use children’s unique psychology to integrate popular cartoons, online games, fashionable toys and other elements into cosmetics packaging, which will arouse children’s curiosity about cosmetics and children’s groups will also influence each other. " Yao Jinju said that the supervision of children’s cosmetics sales should be strengthened.
"China’s supervision of children’s cosmetics is very strict, and the" Regulations on the Supervision and Management of Children’s Cosmetics "has been specially issued, with a view to supervising the whole process of children’s cosmetics from production to sales to ensure the safety of children’s use of cosmetics." Zhang Bufeng said.
Zhang Bufeng explained that in the production process, we must strictly control the formula design and use of raw materials of children’s cosmetics in accordance with the Guidelines for the Declaration and Evaluation of Children’s Cosmetics and the Quality Management Standards for Cosmetic Production, so as to meet the scientific and necessary production requirements. In the packaging process, urge the responsible person to strictly implement the legal requirements such as "Little Golden Shield", "Attention" or "Warning" in China’s Regulations on the Supervision and Administration of Children’s Cosmetics, and not to label words such as "food grade" and "edible" or food-related patterns.
Zhang Bufeng believes that in the sales process, it is necessary to strengthen the review of e-commerce platforms and the sales and operation qualifications of retailers. Those who use children’s toy packaging to sell children’s cosmetics without cosmetics business qualifications should be considered as "beyond the business scope" and punished; If ordinary cosmetics are passed off as children’s cosmetics, they will be punished in accordance with the provisions of the Consumer Protection Law. We should also advocate that sellers have business qualifications, and actively fulfill the legal responsibility of establishing and implementing the inspection and record system of incoming goods and displaying children’s cosmetics in different regions as stipulated in the Regulations on the Supervision and Administration of Children’s Cosmetics.
"In the supervision link, the department responsible for drug supervision and management should list cosmetics operators with concentrated sales behavior as key supervision targets in accordance with the principle of risk management, combined with local conditions and according to the sales situation of different businesses, 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 "Regulations 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 supervise the frequency of sampling inspection, and timely investigate and deal with the illegal sales of children’s cosmetics; Smooth complaint channels, protect consumers’ rights and interests, and attach great importance to the complaints and reports that occur during the process of parents buying and children using children’s cosmetics, and dispose of them in time.
In Yao Jinju’s view, in view of the phenomenon of selling non-children cosmetics around schools, businesses should be given the obligation to pay attention or warn them according to law. At the same time, from the perspective of market supervision, we can rely on the "student safety regional system" to carry out supervision.
For example, the Regulations on the Safety Management of Kindergartens in Beijing Primary and Secondary Schools (Trial) stipulates that within 200 meters around the school, relevant departments should focus on rectifying the environmental order around the school according to their duties, 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 illegal sales of non-children cosmetics or children’s cosmetics with unqualified quality around schools." Yao Jinju said.
What should parents pay attention to when choosing cosmetics for their children?
Zhang Bufeng believes that we should not blindly buy products marked with "food grade" and "edible", which are explicitly prohibited in the Regulations on the Supervision and Administration of Children’s Cosmetics. If consumers can’t identify whether cosmetics are children’s cosmetics, they should take the initiative to ask the operators, and can check the product registration or filing information through the "Cosmetics Supervision" App. Do not use beauty toys as children’s cosmetics.
Zhang Bufeng reminded that it is necessary to choose suitable cosmetics for children of different ages. According to the Classification Rules and Catalogue of Cosmetics issued by National Medical Products Administration, cosmetic efficacy claims used by infants aged 0-3 years do not include "make-up" categories such as beauty modification and makeup removal. To this end, parents should not buy "make-up" for infants under 3 years old. It is illegal to claim that the cosmetics label can be used by infants under 3 years old.
Yao Jinju said that "Xiaojindun" is not a product quality certification mark, and the label "Xiaojindun" on the cosmetics package only shows 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 this product are certified. Therefore, in addition to paying attention to the "golden shield", parents should carefully check the business license of the operator, the national compulsory product certification certificate and other documents when purchasing, and choose a formal merchant with complete licenses to conduct transactions. At the same time, as consumers, we should pay attention to business information, product reputation, evidence retention and other matters.