Provisional Translation
| OTO No. | 578 | Classification | MHW-247 |
|---|---|---|---|
| Date of Acceptance | August 18, 1998 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of Health and Welfare | Related Laws | The Pharmaceutical Affairs Law |
| Complainant | Keidanren (proxy complaint) | Exporting Countries | |
| Subject | Change in labeling method for cosmetics | ||
| Description of Complaint | (1) Under the Pharmaceutical Affairs Law, companies importing (manufacturing) cosmetics as a business are required to label to indicate the importer's (manufacture's) name directly onto the package. In the case of consigned importing (manufacturing), it is not permitted to label only the consigner's name, labeling of the consignee's name is required. (2) Since brand image is important concerning cosmetics, business chance is lost if products are sold under another company's name. On the other hand, since it is very expensive to obtain a license of importing as a business, this has been an obstacle to the rapid distribution of products by consigners. (3) The complainant believes that the labeling regulation of the Pharmaceutical Affairs Law should be amended so as to permit consigners to list only their name. This will be made possible, for example, by registering the name of the consigners who wants to list their name only through the consignees, and thus waking clear the product liability. |
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| Details of Measures | The ministry replied as follows: (1) The import and sale of cosmetics requires a license, under the provisions of the Pharmaceutical Affairs Law. It also requires that the name of the licensed importer or manufacturer be shown on the package. (2) Under the Pharmaceutical Affairs Law, consumers' directly contacting the responsible person in case of a problem with cosmetics, make it possible to take quick action, and so it is necessary not only for the administrative authorities, but also consumers, to be aware who the responsible manufacturer is. This is the reason for the requirement that products carry the name of the manufacturer (importer). (3) If only the name of the seller is shown directly on the package, only the seller is in a position to know the information, but there is no legal provision for ensuring that sellers and manufacturers (importers) share information, and any information (the seller may have) could fail to be reliably communicated to the manufacturer (importer). Therefore, it is not possible, for reasons of public health, to sell cosmetics without showing the name, etc. of the licensed business directly on the package. (4) In order to allow manufacturers (importers) to obtain licenses with less expense and difficulty, taking into account requests by representatives of the ACCJ, the EBC and domestic firms, review of the Pharmaceutical Affairs Law requirement for obtaining a license that the applicant have testing facilities and employ a technical director in charge, as well as the extent to which licensed businesses may be allowed to delegate manufacturing among themselves, will be carried out by the end of FY2000, in conjunction with a overall review of the regulatory system for cosmetics. |
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| Classification of Processing | D | Directions | IV |
| Remarks | |||