Breakthrough for ECCT's Cosmetics committee on advertising rules
Taiwan's Constitutional Court has ruled that pre-approval of cosmetics advertising content by local and central health authorities is unconstitutional, as it infringes on the protection of free speech granted by the constitution. As a consequence, Article 24(2) and Article 30(1), of the Statue for Control of Cosmetic Hygiene have been repealed with immediate effect. This effectively resolves a long-standing issue for members in the cosmetics industry that had been listed in the ECCT's Cosmetics committee's position papers since 2010.
Article 24(2) of the statute stated that, "Before publicizing or advertising any cosmetic product, the manufacturer or dealer thereof shall first submit to the central, municipal or county/city competent health authorities for its approval all the text, pictures and/or oral statements contained therein; and shall subsequently present the approval letter or certificate to the mass communication institutions concerned for their examination" while Article 30(1) detailed the financial penalties for not obtaining approval prior to publication.
Prior to this ruling, sufficient research study data needed to be submitted in order to substantiate the claims made by the industry in advertisement applications and advertising content had to comply with a list of pre-approved Chinese terms published by the TFDA.