CHINA - COMPARISON BETWEEN FORMAL EDITION AND EXPOSURE DRAFT OF “TECHNICAL GUIDELINES ON LABELING NORMALIZATION FOR PRODUCT FORMULA REGISTRATION OF INFANTS AND YOUNG CHILDREN FORMULA MILK POWDER

For enterprises involved, the greatest highlight is that the formal edition has allowed the labeling of product advertisement, enterprise propaganda and relevant certification information, and defined the requirements for relevant claims. Moreover, the interpretation document has defined several specific requirements as well.

(I). Formal edition & exposure draft

1. Product name

Compared with exposure draft, the basic principle of “Six Prohibitions” is not changed; however, in the formal edition, the examples of “Six Prohibitions” have been completely deleted, which have been included in the interpretation document, with some adjustments.

2. Standard code is not required to be indicated for imported formula milk powder

The formal edition has clearly specified as follows: The domestic manufacturer needs to indicate the standard code executed by the enterprise, while the product standard code is not required to be indicated for imported infants and young children formula milk powder.

3. There are small changes on the highlighted display of product name

Compared with exposure draft, the formal edition makes a simple and clear requirement on the highlighted display of product name, deletes some requirements on “position of product name, and typeface and color of trade name”, and only makes relevant provisions on the total area of typeface and font size.

4. The contents of product advertisement and enterprise propaganda, etc. are allowed to be indicated

The formal edition has deleted the requirement of prohibition on labeling of product advertisement and enterprise propaganda, etc.; which is an undoubted benefit to the enterprises.

5. Claims and certification marks can be optionally marked

The exposure draft has no explanation on claims and other marking, while the formal edition makes clear provisions as follows: the conforming function claim, content claim and the related certification marks can be indicated on the label, but may not appear in the principal display panel, to avoid taking this as a selling point and the excessive packaging of products. It shall note that the claim must be displayed in text, not in a graph or a symbol.

6. Relevant requirements on labeling of raw milk and raw milk powder

The formal edition clearly specifies that the enterprise shall provide relevant evidentiary materials if the source of raw milk and raw milk powder is required to be indicated, which was not mentioned in the exposure draft. This requirement is mainly specific to imported raw materials.

(II). Contents defined in interpretation document

1. There are some changes in the examples of “Six Prohibitions” principle for labeling of product name

2. Conditions for taking the registered trademark as trade name are further defined

3. Requirements on labeling of claims are defined

4. Principal display panel and the contents that can be indicated on the principal display panel are defined

5. Labeling for goat milk powder is defined

6. The requirement that the list of ingredients and nutrition information in the sample of label shall be consistent with that in the application materials and that filled on line is defined.

In general, compared with exposure draft, the formal edition is more reasonable and normative. The enterprise can display personalized information, rather than machine-made template; while the consumer can also have more awareness of products or enterprises, which will facilitate p personalized consumption.