The cosmetics industry in the Philippines is expected to grow at $4.7 billion by 2026 according to a report published by Allied Market Research. Due to the rise of middle-income earners, there is an increase in Filipino consumers with disposable income enabling them to purchase beauty and personal care products. The power of social media and the birth of local beauty brands influences create new opportunities in the market. Skincare regimen is the most sought-after product in 2018 with Korean beauty products dominating the sales.
In August 2015, the Food and Drug Administration (FDA) introduced on their website the online application for a cosmetic product notification. This is to further improve the application process and transparency of information. In terms of regulatory enforcement and document submission, the FDA’s requirements for an individual applying for a cosmetic product notification in the Philippines remain unchanged.
The cosmetics notification must reflect clear, truthful and accurate information such as the brand name, intended use as well as establishment information and list of ingredients. Note that these are just some of the requirements. A more detailed list can be found on the FDA website.
Note that prior to application for the cosmetics notification, a company must first secure a License to Operate (LTO) as either Manufacturer or Importer/Distributor from FDA.
Overview of Labelling Requirements
According to the ASEAN Cosmetic Directive, cosmetic product labeling must meet the following requirements:
- The name of the cosmetic product and its function
- Instructions on the use of the cosmetic product
- Full ingredient listing of the cosmetic product
All coloring agents used in the range for decorative cosmetic products marketed in multiple color shades may be listed. The description must include the words, “may contain” or “+/”.
FDA regulations mandate that the following information appears on the immediate packaging:
- a) The cosmetic product’s name; and
- b) The batch number of the manufacturer;
If the size, shape or nature of the container or package do not allow the above-mentioned information to be displayed, the use of leaflets, pamphlets, hang tags, display panels, shrink wrap, and so on is permitted.
What is the penalty for ‘misbranding’?
According to Merriam Webster, to ‘misbrand’ is to brand falsely or in a misleading way.
It’s inevitable for some companies to overstep and misbrand cosmetic products in order to gain market share. Some companies do it deliberately, others are by accident.
To curb such misbranding activities, the FDA has imposed certain penalties. The violator shall be jailed for one (1) year but not more than ten (10) years. Violators may also be fined for not less than fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos (P500,000.00). Some may be imposed with both imprisonment and fine, depending on the court.
If the offender is a manufacturer, importer, or distributor of any cosmetic product, the penalty will be at least five (5) years in prison but no more than ten (10) years and a fine of at least five hundred thousand pesos (P500,000.00) but no more than five million pesos (P5,000,000.00).
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Are you ready to apply for your cosmetic product’s notification? Contact us now. Send us an email at info@tripleiconsulting.com or give us a call at +63 (02) 8540-9623 for an initial consultation with one of our experts!
