BPOM Updates Cosmetic Advertisement Provisions

The Head of the National Agency for Food and Drug Control (Badan Pengawas Obat dan Makanan – “BPOM”) has issued Regulation No. 1 of 2016 on Technical Guidelines for the Oversight of Cosmetics Advertising (“2016 Regulation”).
 
The 2016 Regulation is essentially aiming to ensure better protection for consumers as regards subjective and misleading cosmetics advertisements.[1] In order to achieve this objective, the 2016 Regulation strengthens the marketing code governing cosmetics advertising via electronic media, printed media or outdoor media.
 
Previously, these matters were regulated under Head of BPOM Decree No. HK.00.05.4.1745 of 2003 (“2003 Decree”).
 
The 2016 Regulation is of relevance to cosmetic manufacturers, distributors and/or importers, as well as advertising agencies.
 
Requirements
The 2016 Regulation stipulates that cosmetics products may only be advertised after such products have already secured a distribution license (generally recognized as a Notification) from the Head of BPOM.[2] Moreover, cosmetics advertisements must be communicated in the Indonesian language and also meet the following general requirements:[3]