I. FDA's Clarification of Cosmetic Label Requirements
To improve issues often faced by cosmetic importers regarding the labeling of imported cosmetics during customs clearance procedures, the Food and Drug Administration (FDA) has circulated a letter notifying importers of the following:
- An official Thai translation is required for cosmetic labels containing foreign languages other than English. The Thai translation can be done by an individual, a university language center in Thailand, an embassy or a consulate, whichever the case may be.
- For a cosmetic label from overseas manufacturers or product owners which contains insufficient information as required by law, in order to obtain customs clearance, an importer must provide a declaration letter or any reliable evidence from a competent authority or from a manufacturer to certify that the missing details are exactly the same as notified to the FDA.
According to the Cosmetic Act B.E. 2558 (2015), a cosmetic label must be in Thai with readable font size. There can also be other languages on the same label. A cosmetic label must feature the following contents: name of the cosmetic and its trade name; importer’s name and address; overseas manufacturer’s name and country; net weight; direction of use and recommendation; warning; manufacturing date and expiry date (MM/YY); batch number; list of all ingredients; and other information for consumer protection purposes as stipulated.
II. Privus Opens for Cosmetic License Transfer
As stipulated in the Cosmetic Act B.E. 2558 (2015) (Current Act), controlled cosmetic notification licenses (Cosmetic License) issued under the Cosmetic Act B.E. 2535 (1992) are valid for a further three years from the day the Current Act came into force, effectively until 8 September 2018. To continue with the manufacture or the import of these cosmetics, manufacturers or importers must transfer the contents of the Cosmetic Licenses from the old system “Hello” to the new system “Privus.”
The FDA announced on 2 March 2018 that transfers can commence on 12 March 2018 until 8 September 2018. To accommodate the transfer process, Privus has automatically transferred the contents from Hello, but manufacturers or importers must provide additional information (e.g. physical appearance of the cosmetic product and the packaging, and information on warehouse storage), and ensure that the ingredients comply with the Current Act and the most recent regulations.
The approval process is automatic and immediate, provided that all contents comply with all applicable regulations. Privus will grant new Cosmetic Licenses without changing the license numbers. The new Cosmetic Licenses are valid for three years from the issue dates. However, certain Cosmetic Licenses will receive new license numbers. These are re-pack licenses and for export only licenses (with ingredients complying with Thai law). The total official fee is 1,000 Baht - 100 Baht upon submission and 900 Baht upon approval.
Cosmetic Licenses issued under the Current Act via Hello that are still valid can be transferred to Privus without additional official fees.