You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 4, 2022

New Regulations for the Import, Distribution and Sale of Cosmetics in Cambodia

Subscribe to Updates

Cosmetics have become an essential feature of the modern lifestyle led by many consumers in Cambodia. Every day, a wide range of new cosmetic brands, variants, and formats enter the Cambodian market, catering to a growing consumer base. The market generally relies on the import of foreign cosmetic brands, making Cambodia an attractive market for overseas cosmetics companies, but local brands are on the rise as well.

Alongside the significant growth of the cosmetics market in Cambodia, and the Royal Government’s continuing push to increase consumer protection in Cambodia, in 2022, the Ministry of Commerce (MOC) issued Prakas No. 0064 on the Requirements for Cosmetic Distribution (the Prakas). The Prakas applies to both locally manufactured and imported cosmetics, and both individual and businesses that trade in cosmetics.

The Prakas aims to regulate cosmetics and cosmetic business activities, to ensure that cosmetics distributed in Cambodia are of good quality and safe for use.  The key points contained in the Prakas are summarized below.

Legal Obligations for Trading Cosmetics

Any person trading in cosmetics, including wholesale or retail, and those that offer cosmetics as gifts or for testing, must ensure that the products are safe and meet the legal labelling requirements. Anyone trading cosmetics must respect the Law on Consumer Protection, with the Prakas highlighting key aspects of that law and referring to the applicable penalties under that law.

Online sellers of cosmetics must obtain an additional approval letter (for individuals) or a license (for legal entities) to operate an online business, issued by the MOC. In addition, they require a certificate for providing online services from the Ministry of Post and Telecommunications.

Interestingly, the Prakas does not refer to the cosmetic business licensing required under regulations issued by the Ministry of Health. As the Prakas does not outright contradict these regulations, we understand they still apply, and businesses must still obtain a cosmetic business license for almost all activities related to the trading of cosmetics.

Labelling Requirements & Information Standards

The Prakas repeats that cosmetics traded on the Cambodian market must have a product registration number from the Ministry of Health and it must be displayed on the label.

The Prakas further highlights that all cosmetics in the Cambodian market must adhere to any existing product labelling regulations, including the information standard provided under the Prakas. The label may not be misleading or deceiving to consumers.

The information that must be included on a cosmetic label—or packaging or leaflet if the product label is too small—is listed in the Prakas as follows:

  • name of product;
  • function of product;
  • instructions for usage;
  • ingredients or components;
  • country of origin;
  • quantity;
  • batch number;
  • manufacture date;
  • expiration date (if the product will expire within 30 months);
  • name and address of the company or person responsible for distribution in Cambodia; and
  • a warning message related to the product, if necessary.

The items under the information standard must be provided in Khmer language, as required under the Law on Consumer Protection (although the Prakas does not specifically highlight this language requirement).

Most imported cosmetics currently on the market do not meet the language requirement, so it will be interesting to monitor if enforcement will take place against non-Khmer, but otherwise complaint labelling.

Post Compliance Obligations

Traders of cosmetics are required to maintain proper records, including on the origin, quality, and quantity of the products, and information to facilitate the tracing of products. The records must be provided to the competent authorities upon request.

If traders become aware that their cosmetics are found to be of substandard quality, unsafe, or not in compliance with the information standards, they must initiate a recall, in cooperation with the Directorate-General of Consumer Protection Competition and Fraud Repression (CCF).

The CCF may take action against the traders that violate the Prakas and the Law on Consumer Protection, and has the power to actively inspect and investigate the market for compliance.

For more information on legal requirements in relation to cosmetic product business in Cambodia, please contact Tilleke & Gibbins’ Phnom Penh office at [email protected] or +855 23 964 210.

Related Professionals

Industries

Life Sciences

Practices

Customs and International Trade

Regulatory Affairs

Location

RELATED INSIGHTS​ 

December 7, 2020
It is strongly recommended that entities which are considering entering the Thai cannabis market file applications to protect their marks and patents in Thailand as soon as possible. Cannabis Trademarks Thailand operates under a first-to-file trademark system. The Thai Trademark Office has verbally confirmed that trademark applications which include goods or services relating to medical cannabis are registrable. That being said, recent developments indicate that the Trademark Office will require applicants who file specifically for medical cannabis goods or services to submit proof that the applicant has permission to produce drugs containing cannabis from the Thai Food and Drug Administration. In addition, the Trademark Office is taking a conservative approach when it comes to the words and images that are registrable as trademarks. The Trademark Office has advised that words or images relating to cannabis will be refused based on Section 8(9) of the Thai Trademark Act, which states that a trademark that is contrary to public order, morality, or public policy shall not be registered. Given the above, applicants should carefully consider the trademarks that they would like to protect in Thailand to avoid unnecessary refusals. If the applicant does not yet have such permission from the Thai Food and Drug Administration, it is recommended that the applicant’s mark make no reference to cannabis, either visually or verbally, and that the list of goods and/or services does not specifically refer to cannabis or related terminology. In short, we urge applicants to enter into the Thai market early, with carefully-chosen marks and deliberately-worded descriptions of goods and/or services. Cannabis Patents Cannabis-related products and processes are now eligible for patent protection in Thailand, with some restrictions. A cannabis plant, including its parts and crude extract, are considered mere products of nature and thus not patentable. Another important restriction applies to
Read More
December 7, 2020
Vietnam’s efforts against the outbreak of COVID-19 in the country have been largely successful, and despite two distinct spikes of local transmission, in both cases the spread was halted relatively quickly. As these complications from the COVID-19 pandemic have been playing out in Vietnam throughout 2020, it became clear that effective and strong enforcement of healthcare regulations, especially those related to disease control, was crucial. On September 28, 2020, the government of Vietnam took action on this by issuing Decree No. 117/2020/ND-CP (“Decree 117”), which provides penalties for administrative violations in the healthcare sector. Some provisions of Decree 117—mostly those related to disease control and epidemic situations—took effect immediately, with the remainder taking effect on November 15, 2020. The decree, which was based on a draft proposed by the Ministry of Health, replaced Decree No. 176/2013/ND-CP on the same matter. The main administrative penalties under Decree 117 are reprimands and fines. Depending on the severity of the violation, violators may also be subject to additional penalties such as suspension of a certificate of eligibility for pharmaceutical business (CEPB), a license for healthcare operation, or other licenses and practicing certificates for up to 24 months; confiscation of illegal items; suspension of operations for up to 24 months; or deportation. Furthermore, remedial measures such as forced return of illegal earnings, compulsory quarantine and medical examination, public correction, or compulsory payment of treatment fees may also be applied. Some key highlights of Decree 117 are discussed below. In relation to disease control, the maximum fine for failure to comply with quarantine is doubled to VND 20 million (USD 855) for infected people of type-A contagious diseases, and VND 10 million (USD 427) for those who are not infected but are asked to quarantine. Failure to declare one’s contagious disease to a doctor
Read More
November 30, 2020
Vietnamese cuisine has a growing reputation internationally, and a visit to Vietnam will quickly reveal that food plays a very important role in the country’s identity and culture, as well as its economy. More than 80% of the population makes a living through some form of agriculture, and approximately 35% of household income in Vietnam is spent on food and beverages. As food is the most essential of necessities, and thus the first priority in household spending, this percentage tends to be high in developing countries, declining as incomes rise.
Read More
November 17, 2020
The Thailand updates to Practical Law’s Life Sciences Global Guide  have been released online, with legal practitioners from Tilleke & Gibbins contributing the Pharmaceutical Intellectual Property and Competition Law section.The guide is a Q&A-style overview of the regulatory frameworks of the life sciences industries across multiple jurisdictions worldwide, with this chapter addressing the following issues as they relate to Thailand:
Read More