How does Hong Kong law define and regulate “cosmeceuticals”?

As with “health supplements”, “cosmeceutical” is not a legally defined category under Hong Kong law. Whether a product is treated as a “cosmetic” or a “pharmaceutical product” depends entirely on its ingredients and claimed effects. Under the Consumer Goods Safety Ordinance (Cap. 456), cosmetics are subject to its general safety requirements. However, if a “cosmeceutical” contains any Western medicine ingredient controlled under the Pharmacy and Poisons Ordinance (for example, certain antibiotics used to treat acne, hydroquinone used for skin whitening, or steroids), or is promoted as being able to treat or prevent a skin disease (such as eczema or psoriasis), it will be classified immediately as a “pharmaceutical product”. Once classified as a pharmaceutical product, it must comply with the full range of pharmaceutical regulatory requirements: the product must be registered (obtaining an HK-XXXXX number), and the seller must hold a pharmaceutical licence. As a result, many products sold overseas as “cosmeceuticals” may be regarded as medicines in Hong Kong and cannot be sold in ordinary cosmetics shops or department stores.