Deregulation in cosmetic recalls

By Jeffrey I. Kim

Upon her presidential inauguration, President Park Geun-hye emphasized deregulation to enhance the nation's growth potential. The government has made the utmost efforts to reduce or eliminate unnecessary regulations that existed in many industries including the cosmetics industry.

Cosmetics, or makeup, make people look beautiful. The word "cosmetic" comes from the Greek word cosmos which means "order." The creation of the universe was the creation of order out of chaos. The most fundamental order of the cosmos was the harmony of essence and substance. This order was considered fundamentally beautiful.

Makeup started from Ancient Egypt in about 3000 BC. Both men and women used a special unguent to keep their skin hydrated and supple and to avoid wrinkles from the dry heat. The women decorated their eyes by applying dark green color to the under lid and blackening the lashes and the upper lid with dark kohl. Later the Jews adopted the use of cosmetics from the Egyptians. Cosmetics are mentioned in many places in the Old Testament. Jeremiah, the weeping prophet, (about 600 BC), rebukes the people of Israel in the Book of Jeremiah 4:30: "Why put on the jewels of gold and shade your eyes with paint?"

In the ancient times insanitary and unsafe cosmetics were used. Women wore white lead and chalk on their faces. They used kohl to darken eyelashes and eyelids, and used chalk to whiten their complexion. They even used depilatories out of ignorance to dye their hair. They eventually ruined the skin and caused hair loss, and even death. Throughout the ages, therefore, government regulations have been in force to protect the users of cosmetic products.

All cosmetic products are subject to recall when they have caused a health hazard. A recall is a firm's removal or correction of a marketed product if it is considered to be in violation of the law. The Ministry of Food and Drug Safety (MFDS) can request that a firm recall a product when necessary. The MFDS evaluates the health hazard caused by the product under recall and assigns a classification to indicate the degree of hazard.

According to Article 5-2 of the Cosmetics Act, if cosmetics currently on the market are likely to cause harm to health, the manufacturer or manufacturer-seller must without delay recall or take necessary measures to recall the relevant cosmetics. The cosmetic firm must report a recall plan to the MFDS in advance. According to Article 23-2-1 of the Cosmetics Act, the FDS may order the relevant business entity to take measures such as recalling and discarding the toxicant cosmetics.

According to the preannouncement of legislation made on April 3 for the amendment of the Prime Minister's Enforcement Rule No. 1120, a firm that received the MFDS's order to publicly announce a recall notification for hazardous cosmetics must publicize the recall through at least one nation-wide daily newspaper and the firm's Internet homepage. In addition, the firm must request that the MFDS list the firm's recall notice on the Internet homepage of the MFDS.

Hazardous cosmetics that are subject to recall include: (1) The firm manufactures or imports cosmetics that contain processed products of animals or plants prescribed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora; (2) Containers and packages to prevent children from being poisoned by misuse; (3) Cosmetics, the package of which or statements or labeling on which have been damaged, forged, or falsified. (4) Cosmetics manufactured either under unsanitary conditions which are likely to cause harm to health and sanitation, and others.

Foreign investors complain that not all these violations are critically dangerous and the degree of recall notification through a nation-wide newspaper is too harsh and it does not comply with global standards. They requested through the Ombudsman's Office that degrees of cosmetic hazard be classified into three classes and the hazardous cosmetics under class I only be announced in the daily newspaper and those under other classes be publicized through the firm's and the MFDS Internet homepage. Class I is a situation in which there is reasonable probability that the use of, or exposure to a violating product will cause serious adverse health consequences or death. This request was accommodated and the grievance has been resolved.

Jeffrey I. Kim is a foreign investment ombudsman, a presidentially appointed troubleshooter for investors and entrepreneurs from overseas. He earned a Ph.D. in economics at the University of Chicago and taught at the University of Colorado, Boulder, and Sungkyunkwan University.

Link : http://www.koreatimes.co.kr/www/news/nation/2016/02/197_197631.html