Case of “Control Principles of Cosmetic Name, Mark and Announcement Concerned with [Medicate]”
I.The Cosmetic Hygiene Actwas promulgated by President OrderHua-Tsung (1)-Yi-Tzu No. 10700045851 on May 2, 2018 To distinguish the cosmetics from the medicine, the current name “medicated cosmetic” is amended as “cosmetic for specific purpose”; and in accordance with Art.10 (2) of the Law, the cosmetic shall not be marked, announced or advertised for the medical effects.
II. The control principles for the cosmetic name, mark and announcement concerned with [Medicate] are as follows:
(1) For [Medicinal], [Medicated Soap], [Medicament], [Liquid Medicine] and [Cosmeceutical]: any cosmetic under the control of the Cosmetic Hygiene Act, the aforementioned words shall not be included in the name or mark.
(2) For the announcement of plant ingredients (e.g. the extracting of Chinese herbaceous peony or Chinese yam), where the exaggeration or medical effect will be announced, the name of the plant shall be included in the mark.
(3) For the trademark and brand concerning with the announcement of exaggeration or medical effect, the trademark and brand shall be retained.
(4) For any emulsion cosmetic under the control of Cosmetic Hygiene Act, no words, photos, or documents concerned with [medicate] shall be announced to confuse the consumers that the product has a [medical] effect.
III. As of the enforcement the control principles specified in the Cosmetic Hygiene Act, the unqualified cosmetics are forbidden to be imported or manufactured (on the basis of the manufacturing date); and after 6 months of enforcement, the unqualified cosmetics shall not be sold, supplied or displayed for the purpose of sales or supply. The permit shall be revoked in accordance with relevant laws in case of failing to handle the change of registration or voluntary withdrawal.
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