MINUTES OF MEMBERS MEETING HELD ON 20th May 2009 AT HOTEL SINGGAHSANA, PETALING JAYA PRESENT Company Name E.L.Keh, Liew Shin Yee 1 Alliance Cosmetics Sdn Bhd Norsiah Ahmad 2 Amway (M) Sdn Bhd Zarrah Banu, Khairul Izlan 3 Avon Cosmetics (M) Sdn Bhd Lim You Goang, Rosni 4 Beauty Specialist Distributors Sdn Bhd Jacqueline Tai, Shinny 5 Blue Oasis (M) Sdn Bhd Sam Kok Hong 6 Cambert (M) Sdn Bhd Florence Lim 7 Celmonze Sdn Bhd Yip, Joanne 8 Cheerful Trading Sdn Bhd Beyen Ow 9 Clarins Sdn Bhd Rosita Hassan 10 CNI Venture Sdn Bhd Susan Wong, Carin Ong 11 Cofran Sdn Bhd Hamidah Minhaj, PC Ng 12 Colgate Palmolive (M) Sdn Bhd Lai Soon Ling 13 Cosmopolitan Cosmetics Pte Ltd Soo Hoong Kun 14 Cosway (M) Sdn Bhd Joey Foo 15 Dart Far East Sdn.Bhd Jane Ng Bee Hong 16 DCM Personal Care Tan Sue Shien 17 Delfi Marketing Sdn Bhd June Fu, Raine See 18 Dermal Esthetica Sdn Bhd Maggie Wang 19 Elken Sdn Bhd Kartina Yaali 20 Envico Enterprise Rachael Tan 21 Esplanade Avenue Sdn Bhd Chin Siew Fui 22 Ginvera Marketing Enterprise Sdn.Bhd Patrick Liew 23 Glamour Prestige Sdn Bhd. 24 Hong Kong Sa Sa (M) Sdn Bhd Suhaini Soid YC Teh 25 Kose (M) Sdn Bhd Kevin Wong 26 Laponie Marketing Sdn Bhd Stacy Tan 27 L’oreal Malaysia Sdn Bhd Lee Bee Chin, Chin Wai Fun 28 Luxasia (M) Sdn Bhd Saw Siew Keng 29 Luxor Beauty World Sdn Bhd 30 LVMH Perfumes & Cosmetics (M) Sdn Bhd Lai Swee Kian Tey Ay Sha, Tay Yi Shing 31 Maestro Laboratories Sdn Bhd Carmen Tan, Jaymee Choi 32 Mandom (M) Sdn Bhd 1 33 Naturalife Solution Sdn Bhd 34 Procter & Gamble (M) Sdn Bhd 35 Shiseido Malaysia Sdn Bhd 36 Thalgo Cosmetic (Sea) Sdn Bhd 37 Unilever (M) Holdings SdnBhd. 38 Unza (Malaysia) Sdn Bhd 39 Yves Rocher (Malaysia) Sdn Bhd Nordiyana Bt Ahmad Revathi Gunasekaran Kamarul Ariffin, Averilla Cyndy Chee, Tan Ai Vee Intan Shuhuda Yunus Noor Aizah Christine Cheong, Janice Koo ABSENT 1 10B International (M) Sdn Bhd 2 Apex Pharmacy Marketing Sdn Bhd 3 A.P.Cosmetics (M) Sdn.Bhd. 4 Best World Lifestyle Sdn Bhd 5 Cosbel Le Specialiste Marketing 6 Cosmetic Resources Sdn Bhd 7 Connell Bros Co.Ltd 8 Crabtree & Evelyn (M) Sdn Bhd 9 DXN Marketing Sdn Bhd 10 Fruitful Marketing Sdn Bhd 11 Henkel (M) Sdn Bhd. 12 Hoe Pharmaceuticals Sdn Bhd 13 Johnson & Johnson 14 Kao (M) Sdn Bhd 15 Luprim Sdn Bhd 16 Mary Kay (Malaysia) Sdn.Bhd 17 Martina Berto (M) Sdn Bhd 18 Maxiform Sdn Bhd 19 Melilea (M) Sdn Bhd 20 Mode Circle Sdn Bhd 21 New Skin Cosmetics Sdn Bhd 22 Nu Skin (M) Sdn Bhd 23 Nutri-Metics Worldwide (M) Sdn Bhd 24 Obagi (Malaysia) Sdn Bhd 25 Pro Beau Sdn Bhd 26 Pacific Cosmetics (M) Sdn Bhd 27 Pure Care Health & Beauty Sdn Bhd 28 P.T.Mustika Ratu 29 Rampai Niaga Sdn Bhd 30 Rina Skincare (M) Sdn Bhd 31 Shaklee Products Malaysia S/B 32 Sky Resources Sdn Bhd 33 Strata Pro Sdn Bhd 34 Suria Meriang Sdn Bhd 35 Starlight Cosmetics Sdn Bhd 36 Taiway Marketing Co Ltd 37 Unique Conversion Sdn Bhd 38 Watson’s Personal Care Store S/B 39 Wayco Manufacturing 40 Yakin Invest 2 MINUTES OF THE MEMBERS MEETING HELD ON 20th May 2009 AT HOTEL SINGGAHSANA, PETALING JAYA, SELANGOR The meeting commenced at 11.00am. The President welcomed and thanked the members for their attendance and also apologized for some of the Board Members absence due to their company commitments. Members were asked to review the minutes of the last meeting on 11th March 2009. There being no objections raised, the minutes were adopted by Christine Cheong of Yves Rocher (Malaysia) Sdn Bhd and seconded by Rachael Tan of Esplanade Avenue Sdn Bhd. Updates from the Board meeting:Membership Certificate: The Board has approved on the quotation of CTFA Membership Certificate. The development of artwork and design is at RM300, whilst printing for 300pcs is at RM500 which is about RM2/- per pc of certificate for printing charges. Medical Device Workshop Malaysia Medical Device Association organized a Pre-Meeting Workshop from 30th – 31st March 2009 in conjunction with the 9th Asean Consultative Committee on Standards and Quality Medical Device Working Group Meeting from 1st April – 3rd April 2009 in Penang. PC Ng a member from Colgate Palmolive attended this workshop and he will shared to the members the slides presentation of the workshop on an overview of the Asean Medical Device Directives and what are their plans and how it will impact some of our members in future if the Asean Directives and Malaysia’s Act of Medical Device is implemented. Malaysian Standards on Hallal Cosmetics & Personal Care Part 1 SIRIM Berhad organized an Awareness Seminar on MS 2200: Islamic Consumer Goods – Part 1: Cosmetic and Personal Care – General Guidelines held on 24th March 2009. The objectives of this seminar was to create awareness among consumers and to provide an overview on the introduction of the MS 2200: Islamic Consumer Goods – Part 1: Cosmetic and Personal Care - General Guidelines. Noor Aizah has attended this seminar and will share to the members on the updates. 3 12TH ACC/ACSB Meetings This year is Malaysia’s turn to host the 12th Asean Cosmetic Committee / Asean Cosmetic Scientific Body meeting which will be held on 23rd to 25th June 2009 at the Prince Hotel, Kuala Lumpur. The ACSB looks into the technical issues on cosmetics and personal care and will make recommendations. These recommendations will be presented to the ACC Committee that comprises of National Authorities, Representatives from the Industries and CTFA is part of the Malaysian delegation to the ACC & ACSB. It is encouraged that members attend this meetings as the topics are related to cosmetics and personal care. Letter of Invitation and Registration Forms are already email to all members in May and Members are advised to notify Janice of their participation so that we could inform Puan Anis the number of participants from CTFA. CTFA will volunteer to help BPFK to organize the official dinner on 24th June 2009. We are getting an Entertainer and also seeking support from members on door gifts for the event. We are looking at approximate of 250 pcs of doorgifts. Based on previous years the official number of participants ranges between 100 – 150 pax, the remaining gifts will be for VIPs or guests or special draws and also for the bureau staff involved in helping to organize the entire event. Deadline of delivery is on 12th June and the venue for delivery will be advised later to members. Governmental Affairs The Brand Protection committee is working closely with MDTCA in meetings. MDTCA has set up two task force, the Public Education Committee and the Enforcement Committee. CTFA is involved in the Public Education Committee and this Task Force is led by MICCI. MICCI together with MDTCA are planning a workshop to educate the public on what are the counterfeit products in the market in June 2009 and we were invited to speak on the subject of counterfeits in general. The BM agree not to work with them because the impact to us is not good as it will give an impression that we have much counterfeit in the market. We like to put focus on stop of importation of counterfeit cosmetics products from coming in at our entry points. We are happy that MDTCA has taken note of our concerns and has agreed to have a Task Force to curb parallel imports and The Customs Department is assigned to set up this Task Force. Government Visit The Board members visited Puan Eishah Abd Rahman, Farmasi on 18th May 2009. Pengarah Kanan Perkhidmatan She raised concerns that there are many cosmetic companies are still unaware of cosmetic control regulations and PIF. Other concerns raised are adulterated skin care cosmetic products in the market and she advised CTFA to provide continuous education programs with regards to ACD and PIF to our members. 4 CTFA raised our concerns on parallel products that have been notified and can be imported by unauthorized distributors. Puan Eisah has agreed to work together with MDTCA and Customs to discuss on parallel imports of cosmetic and counterfeit cosmetic products. CTFA will write a letter of invitation to Farmasi, Customs and MDTCA to set a date for the 3 government bodies to have a meeting together with us. MITI Dialoque June 2009 MITI on yearly basis make request from us to provide feedback or any issues of concerns for their Dialoque in June 2009. As this has been circulated to all members and there being no feedback from members on any input CTFA will write to MITI and say that we do not have input. Government Bodies Relevant to the CTFA Malaysian Cabinet 2009 - Governmental Affairs – Primary Datuk Seri Liow Tiong Lai – Health Minister NPCB / DCA / Pharmacy Services – product registration, enforcement Medical Device Division, Dental Health Division, etc. Datuk Seri Ismail Sabri – MDTCA Trade description, labeling, Enforcement of halal, Counterfeit, parallel import, etc. Brig Gen Rtd Dato jamil Khir Baharum - Religious Affairs Minister JAKIM – halal certification??? Malaysian Cabinet 2009 - Governmental Affairs – Secondary Datuk Seri Dr Rais Yatim - Information, Communication, Arts & Culture RTM, Private Stations, Multimedia Act Datuk Mustapha Mohamed – International Trade & Industry MITI - Foreign companies having investments in Malaysia – MIDA, MATRADE Datuk Dr Maximus Ongkili - Science Technology & Innovation Department of Standards Datuk Douglas Unggah Embas - Natural Resources & Environment Sustainability initiatives??? Regulations relating to ingredients, wastewater for protection of environment External Affairs Up-dates CTFA received three invitations:1. Invited for the opening ceremony of the World Halal Research Summit held on 7th & 8th May 2009. Organized by Halal Industry Development Corporation. 5 2. Invited for the 6th World Chambers Congress : Pre-Congress Networking Session (May 22, 2009) organized by the Federation of Malaysian Manufacturers and World Chambers Federation/International Chamber of Commerce. 3. Invited by MICCI to contribute a talk on counterfeit products for their planned Workshop on Counterfeit Products (June 2009). ACD Issues There is a trade barrier caused by Indonesia because of its non-implementation of the ACD. As a result it give rise to many concerns and issues on trading with Indonesia. 1. lengthy registration 2. implementing more requirements 3. restriction on registration submission day and limited amount of applications 4. excessive and unnecessary documentation Members’ concerns and input were brought forward to BPFK as this matter will be further discussed in the coming 12th ACC/ACSB meeting. There is also a concern on the industry’s lack of understanding the ACD requirements and lack of compliance to latest decisions of the ACC. After its implementation date on 1 st Jan 2008, ACC made further decisions on the enforcement of regulations and wish to remind members to ensure compliance within the grace period given. Mandatory Compliance 1. Decision made in June 2008, effective implementation date: July 2010 2. Cautionary statement on fluoride and the 6mm dot graphic 3. Mandatory warning on dentifrice containing Hydrogen peroxide up to 35% 4. ZPT concentration in leave on product not to exceed 0.1% All above have been mentioned in previous members’ meetings. Post Market Surveillance(PMS) Sub Committee Re-cap on the last survey done in December 2008 with results in March 2009. The objective of this Post Market Surveillance (PMS) survey :1. to get feedback from members on PIF status 2. to find out the areas of PIF training 3. to find the percentage of completion 4. to find out the levels of difficulties for Part 1 of PIF 5. to determine which area of training is required for members 6. to plan new strategy towards compliance The results of this PIF Questionaire were:1. 70% response representing 57 members companies 2. 80% members agreed that seminars & workshop organized thus far have already met their educational & informational objective related to PIF 3. Most of the members companies have started the PIF Part 1 compilation and 56% of the members are at more than 75% completion. There is a 5% incompliance due to turnover of staff in the company. 4. There were only 2 companies being audited by the local authority. 6 5. Difficult PIF part that need more focus are Safety Assessment, Confirm Undesirable Effect on Human Health and Product Claims Support. CTFA’s foreward actions:1. Refreshment course for members 2. More training focusing on Safety Assessment, Confirm Undesirable Effect on Human Health and Product Claims Support 3. Work closely with BPFK on the training programs National Cosmetic Seminar (Aug 2009) In lieu of the above we are working with BPFK on a One day seminar with more focus on post implementation of the ACD regulations. Tentative dates are either 12th or 13th of August 2009. Business Committee Updates on the Development of the ACD Ingredient Database, the Board Members are in the midst of testing and fine tune on some technical issues. It is now in the final stage and will be open to members for testing. Members are also required to provided feedback after the testing. Target to open this service in the 3rd Quarter of this year. Whole Sale Licence – for purely cosmetics with no other category, you need not apply for the licence. However if you have a combined of Phase 2 (health supplement, antisepic creams, oral care, OTC drugs), Phase 3 (health supplement & traditional medicine) together with Phase 4 (cosmetics) then you need to apply for the licence. TRC Committee The committee is also helping BPFK on the papers of discussion and agenda for the 12th ACC/ACSB which will be held on 23rd to 25th June 2009. The topics to discuss during the ACSB meeting are :1. AHA guidelines 2. Botanical Ingredient 3. Dylactic Acid 4. ISO updates 5. Methanol 6. Preamble on ACD annex – interpretation of (+) signs 7. Tranxamic acid 8. Caffeine 9. Cosmetic with medicinal like packaging – example of packaging: syringe and eye drop 10. Vitamin K (France has banned the use in cosmetic products) 11. Antiseptic claims Brand Protection There was a meeting between Ministry of Domestic Trade and Consumer Affairs (MDTCA) with various industries held on Mac 31, 2009. In this meeting, CTFA was lined-up to provide industry briefing to MDTCA and one of the issues raised is the parallel importation. MDTCA noted the importance of authorized importation, which at the same time could curb counterfeits 7 from being released to trade. MDTCA is keen in having a Task Force and Jabatan Kastam was assigned to look into this matter. Recently, MDTCA had been actively detecting counterfeits and so far has detained consignments carrying suspected counterfeit items; out of which two consignments are suspected counterfeit fragrance perfumes. On 13th April 2009, MDTCA informs CTFA of a container from Indonesia carrying suspected counterfeit fragrance products and provided us the brands of which we have informed our members. Affected companies have been working closely with MDTCA to verify their products. On 7th May 2009, MDTCA informs CTFA of another counterfeit shipment and that Customs held a press conference at Northport on May 11. It is a good progress that Customs is now working closely with MDTCA to curb on counterfeits. Counterfeit and parallel importation issues were also raised in the recent meeting with Puan Eisah on 18th May. It is learnt that counterfeit and PI consignments could be missed due to incorrect declaration of product category or different tariff code declared. For PI cases, although there are notification notes, there was too many consignments, thus it is impossible to inspect each consignment to avoid unauthorized dealers importing cosmetic products. Market Intelligence Report Economic Indicators: • Better economy expected in the second half of the year. • The inflation rate is forecasted at 3.27% y-o-y for April, a slower pace from 3.5% in March. • The economy is projected to register a growth rate of -1% to 1% this year Tourists arrival: • Malaysia’s tourism ministry has been allocated RM200 million from the government's RM60 billion fiscal stimulus package announced on March 10 for 2009 and 2010. • Malaysia has set a target of 20 million tourists this year, a dip from the 22 million visitors to the country last year. The figure was set while taking into consideration the current global recession. Cosmetics Retail Growth: Brands that register growth between 0-10% for the month of Apr09 are among others Estee Lauder, Shiseido, Dior and Shu Uemura. Brands that register growth of >10% for the month of Apr09 are among others Chanel and SKII. Retail Growth: • Retail Group Malaysia (RGM) expects the country’s retail sales to contract in 2Q2009, before strengthening in 3Q2009. • Lower consumer confidence and uncertainties in the market. 8 • For the whole year, retail growth forecasted is a mere 3%. Training The committee is planning to contact the Legal Metrology Unit, MDTCA with regards to training on net weight of content/tolerance level of packaging and their latest development on guidelines for packaging. Singapore & Thailand has already put this requirements in action. 9