Warning! Cosmetics companies are fined for illegal production and implement mandatory detention measures
Recently, according to the administrative penalty information of the Guangzhou Market Supervision and Administration Bureau, Guangzhou Mengxuan Cosmetics Co., Ltd. was fined 60000 yuan for suspected illegal production of unregistered special cosmetics.
Illegal fact
On March 24, 2023, our law enforcement personnel, based on clues from superiors, discovered that the party involved was suspected of illegal production of unregistered special cosmetics, and thus filed an investigation in accordance with the law. At the same time, in accordance with Article 46 (4) of the Regulations on the Supervision and Administration of Cosmetics, 2100 bottles of "Mengxuan Fruit Acid Double Oxygen Milk" (validity period: 2025/11/18, net content: 1000ml) and 1290 bottles of "Color Companion Free Colorful Fragrant Double Oxygen Milk" (validity period: 2025/03/18, net content: 1000ml) suspected of producing unregistered special cosmetics by the parties involved shall be subject to administrative enforcement measures of detention.
After investigation, the parties involved began producing "Mengxuan Fruit Acid Oxygenated Milk" on November 17, 2022 (validity period: 2025/11/18, net content: 1000ml), batch number 2022111705A, a total of 2100 bottles were produced, with packaging materials of 0.9 yuan/piece, raw materials of 1 yuan/piece, labor cost of 0.4 yuan/piece, unit price of 2.3 yuan/piece, and value of 4830 yuan; The parties involved began producing "Color Companion Ammonia Free Colorful Aromatic Double Oxygen Milk" (validity period: 2025/03/18, net content: 1000ml) on March 17, 2022, with batch number 2022031706A. A total of 1290 bottles were produced, with packaging materials of 0.9 yuan/piece, raw materials of 1 yuan/piece, and processing fee of 0.4 yuan/piece. Therefore, the single price is 2.3 yuan/piece, and the value of the goods is 2967 yuan. The above two products have not been sold yet, and the total value of the goods involved is 7797 yuan, with a sales revenue of 0 yuan. The above facts are mainly supported by the following evidence: 1. A copy of the business license, cosmetics production license, and the ID card of the legal representative, proving the qualifications of the parties involved. 2. Record of on-site inspection, evidence extraction form, and notice of correction ordered by Guangdong Provincial Drug Administration (Yue Yao Jian Hua Zheng Gai [2023] No. 0324-04) to prove the on-site inspection situation. 3. Inquire about records, production batch records, cost accounting tables, and other materials to prove that the parties involved produce unregistered special cosmetics.
On April 24, 2023, our bureau delivered the "Administrative Penalty Notice" to the parties, informing them of the facts, reasons, basis, and content of the administrative penalty proposed by our bureau in accordance with the law, and informing them that they have the right to make statements and defend opinions in accordance with the law. The parties did not make statements or defend opinions within the statutory deadline. Due to the fact that the cosmetics produced by the parties involved have not yet been put on the market for sale and actively cooperate with the investigation, truthfully disclose the illegal facts and actively provide evidence materials, Referring to Article 14 of the "Regulations on Regulating the Discretionary Power of Administrative Punishments by the Market Supervision and Administration Department of Guangzhou City", which states that in any of the following circumstances, administrative penalties may be mitigated or mitigated in accordance with the law: (1) Actively cooperating with the market supervision and administration department to investigate, truthfully explaining illegal facts, and actively providing evidence materials,
Illegal fact
On March 24, 2023, our law enforcement personnel, based on clues from superiors, discovered that the party involved was suspected of illegal production of unregistered special cosmetics, and thus filed an investigation in accordance with the law. At the same time, in accordance with Article 46 (4) of the Regulations on the Supervision and Administration of Cosmetics, 2100 bottles of "Mengxuan Fruit Acid Double Oxygen Milk" (validity period: 2025/11/18, net content: 1000ml) and 1290 bottles of "Color Companion Free Colorful Fragrant Double Oxygen Milk" (validity period: 2025/03/18, net content: 1000ml) suspected of producing unregistered special cosmetics by the parties involved shall be subject to administrative enforcement measures of detention.
After investigation, the parties involved began producing "Mengxuan Fruit Acid Oxygenated Milk" on November 17, 2022 (validity period: 2025/11/18, net content: 1000ml), batch number 2022111705A, a total of 2100 bottles were produced, with packaging materials of 0.9 yuan/piece, raw materials of 1 yuan/piece, labor cost of 0.4 yuan/piece, unit price of 2.3 yuan/piece, and value of 4830 yuan; The parties involved began producing "Color Companion Ammonia Free Colorful Aromatic Double Oxygen Milk" (validity period: 2025/03/18, net content: 1000ml) on March 17, 2022, with batch number 2022031706A. A total of 1290 bottles were produced, with packaging materials of 0.9 yuan/piece, raw materials of 1 yuan/piece, and processing fee of 0.4 yuan/piece. Therefore, the single price is 2.3 yuan/piece, and the value of the goods is 2967 yuan. The above two products have not been sold yet, and the total value of the goods involved is 7797 yuan, with a sales revenue of 0 yuan. The above facts are mainly supported by the following evidence: 1. A copy of the business license, cosmetics production license, and the ID card of the legal representative, proving the qualifications of the parties involved. 2. Record of on-site inspection, evidence extraction form, and notice of correction ordered by Guangdong Provincial Drug Administration (Yue Yao Jian Hua Zheng Gai [2023] No. 0324-04) to prove the on-site inspection situation. 3. Inquire about records, production batch records, cost accounting tables, and other materials to prove that the parties involved produce unregistered special cosmetics.
On April 24, 2023, our bureau delivered the "Administrative Penalty Notice" to the parties, informing them of the facts, reasons, basis, and content of the administrative penalty proposed by our bureau in accordance with the law, and informing them that they have the right to make statements and defend opinions in accordance with the law. The parties did not make statements or defend opinions within the statutory deadline. Due to the fact that the cosmetics produced by the parties involved have not yet been put on the market for sale and actively cooperate with the investigation, truthfully disclose the illegal facts and actively provide evidence materials, Referring to Article 14 of the "Regulations on Regulating the Discretionary Power of Administrative Punishments by the Market Supervision and Administration Department of Guangzhou City", which states that in any of the following circumstances, administrative penalties may be mitigated or mitigated in accordance with the law: (1) Actively cooperating with the market supervision and administration department to investigate, truthfully explaining illegal facts, and actively providing evidence materials,