Indonesia publishes new regulations on cosmetics advertising

Indonesia’s National Medicines and Food Control Agency (BPOM) recently issued several new regulations governing the advertising of cosmetic products in the country. The main regulation, the BPOM regulation no. 32 of 2021 on the advertising of cosmetics, entered into force on 13 December 2021 and revokes the previous regulations on the advertising of cosmetics of 2016. The key aspects of the new regulation are illustrated below.

Cosmetic complaints

The list of prohibited claims for cosmetic products is no longer included in the regulation. Instead, BPOM issued a standalone regulation on cosmetics claims such as regulation No. 3 of 2022, which was enacted on January 7, 2022. This Cosmetics Claims Regulation contains non-exhaustive lists of prohibited and permitted claims for cosmetic products.

The new regulation stipulates that the cosmetic advertisements posted must match the information on the notification of the cosmetic product. This differs from the previous regulation, which only stated that cosmetic advertisements posted were acceptable as long as they comply with the Technical Guidelines for Cosmetic Advertising. However, advertisements for cosmetics do not yet have to be approved by BPOM before they are published.

means of publication

Unlike the previous regulation, which only listed electronic, printed or external media for advertising cosmetic products, the new regulation details six main types of advertising media:

  • Printed media: Gazettes, magazines, tabloids, newspapers, newsletters, posters or flyers, flyers, stickers, brochures, pamphlets, yellow pages, catalogs and any other printed media aimed at a limited audience in a particular sector, industry, entity or profession (eg. non-mass media).
  • Means of transmission: Television (including running text ads, overlapping ads, and “embedded” ads appearing during a TV show), radio and cinema.
  • Online media: Activities (such as website and web page searches), e-commerce, games, social media (e.g. Instagram, Facebook, Twitter), applications, publications, transport on demand, display ads, video and entertainment ads, in various formats possible (such as video, audio and banners).
  • Outdoor stands: Billboards, billboards, decorative lights / neon box, nameplates, hot air balloons, tire covers, panels at the airport or other public places, printed advertisements attached / hung outside, banners, transport advertisements (advertisements placed on objects in movement), gimmicks, and backdrops.
  • Face-to-face communication: Talk shows and sales promoters.

Warning statements

The new regulation shortens the list of cosmetic products for which a notice must be placed on the advertisement. According to the new regulation, on:

  • Hair dyes and straighteners;
  • Permanent wave products;
  • hair removal products;
  • sunscreen;
  • Sunbathing preparations;
  • aerosol; And
  • Teeth whitener.

This means that a warning statement in advertisements is no longer required for the following cosmetic products:

  • Deodorants and antiperspirants;
  • aerosol;
  • Exfoliating cosmetic products containing alpha hydroxy acid (AHA); And
  • Cosmetic products applied or supervised by a professional.

Research data and statistics

Although the previous regulation on cosmetics advertising does not take into account the age of sales figures for products used in an advertisement, the new regulation states that such data cannot be more than two years old.

commercial actors

Although the use of commercial actors in the advertising of cosmetic products was already restricted, the new regulation provides for the following additional restrictions:

  • Healthcare professionals may not be commercial players in cosmetics advertisements.
  • Actors cannot play healthcare professionals in cosmetic advertisements.
  • Religious figures are not allowed to act in cosmetic advertisements.

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