New Era for Infant Formula in China

• Citation: jd0105
• Date: 23 January 2018
• Published date: 23/01/2018
• Subject Matter: Economic Law

2020/11/25 New Era for Infant Formula in China | China Law Insight

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CHINA LAW INSIGHT

New Era for Infant Formula in China

By King & Wood Mallesons on January 23, 2018

By Chen Bing and Yang Yue King & Wood Mallesons’ Corporate & Securities group

Since the melamine milk scandal in 2008, there has been constant reform to the

supervision of the infant formula industry. Registration of infant formula milk powder

(“Infant Formula”) is probably one of the most significant changes. It will greatly affect all

the industry players.

From 1 January 2018, the Infant Formula registration requirements in the new Food

Safety Law came fully into force. Infant Formula products, either domestically

manufactured or imported through general trade, must obtain formula registration before

they can be sold in the PRC. This requirement will impact thousands of Infant Formula

brands in the market – a great portion of which will not survive this change.

It should be noted that Infant Formulas distributed through cross-border e-commerce

retail[1] (“CBEC Retail”) enjoy a grace period until the end of 2018 when another new

policy will probably come into force. Details are set out below.

Overview of Legislative Progress

The supervision of Infant Formula has been developed under the Food Safety Law in April

2015 and has been perfected over the last (nearly) three years. A series of