These two drafts propose to allow the refilling of certain cosmetics and provide detailed guidance on the labelling and refill station of refilled cosmetics.

On September 5, 2022, the Thai Food and Drug Administration (Thai FDA) launched a 15-day public consultation on two draft notifications, the Notification of the Cosmetics Committee on Refilled Cosmetics Labels (Draft) and the Notification of the Ministry of Public Health to Determine the Criteria and Guideline for Cosmetics Refilling at Refill Station (Draft).¹ These two drafts propose to allow the refilling of certain cosmetics and provide detailed guidance on the labelling and refill station of refilled cosmetics, as listed below.

Highlights of the Draft Notification on Refilled Cosmetics Labels

1. At least the following items should be displayed on the container or the primary packaging of refilled cosmetics:

• Name of the cosmetic product whose font size must be larger than other contents;
• Name of the manufacturer (Thai domestic products) / importer (imported products);
• Name and address of the refill station;
• Lot/batch number of the bulk products for refill;
• Manufacturing date of the bulk products for refill;
• Refilling date;
• Instructions for use.

2. The above label information must be in Thai with legible font size. Foreign languages are allowed for other contents. In addition, such information can be made accessible through QR code, leaflets, pamphlets, hang tags, display panels, shrink wrap, etc.

3. Except the above listed labeling items, other information, such as full ingredient list, country of origin, expiry date, special precautions (if any), etc. shall comply with the Cosmetic Labeling Regulations 2019.

Highlights of the Draft Notification on Refilled Station

1. It prescribes the definition of “refiling” cosmetics at the refill station. “Refilling” refers to the transferring and changing packages of cosmetic products at the refill station, excluding acts such as mixing, transforming, changing the form, adding ingredients to the cosmetics, etc.
2. It specifies that the “bulk product for refill” shall be notified as general cosmetics before the refilling process at the station.
3. It specifies that cosmetics allowed to be refilled for sale at refill stations are limited to two types of products in liquid form: 1) perfumes and 2) rinse-off cosmetics for body and hair/scalp cleansing.
4. It specifies that manufacturers or importers who wish to refill cosmetics for sale must notify the address of the refill station to the regulatory authority per the application form attached to this draft. The notification is valid for three years from the date of notification.
5. It specifies that manufacturers or importers who wish to refill cosmetics for sale shall strictly abide by the requirements in this draft on personnel, filling premises, filling devices, filling equipment, filling processes, safety control, storage methods, filling containers, etc.
6. It prohibits the reproduction and resale of the refilled cosmetics.

On September 18, 2022, Thai FDA notified the WTO of the above two drafts on refilled cosmetics. The deadline for trading partners’ feedback on both drafts is November 18, 2022.

Reference Links

[1] Thai FDA’s Public Consultation

[2] WTO Notification: G/TBT/N/THA/675

[3] WTO Notification: G/TBT/N/THA/676

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