Kamis, Januari 20, 2022

Provisions on Technical Requirements for Cosmetics Claims Updated

The National Agency of Drug and Food Control (Badan Pengawas Obat dan Makanan – "BPOM") recently issued Regulation No. 3 of 2022 on Technical Requirements for Cosmetics Claims ("Regulation 3/2022") as a part of efforts aimed at protecting the general public from claims being made about cosmetics products that are potentially misleading or that lack objectivity.
Cosmetics business actors ("Business Actors") must ensure that all cosmetics products that they distribute within the territory of Indonesia fulfill various technical requirements (i.e. in relation to claims that feature on packaging and in advertising). Any claims that are made must fulfill various requirements relating to the following criteria: 1) Legal compliance; 2) Accuracy; 3) Honesty; 4) Fairness; 5) Provability; 6) Clarity and understandability; and 7) The prohibition on claiming that a cosmetics product is a drug or can be used to cure or prevent illness. Moreover, any Business Actors that are holders of official notification numbers ("Holders") must ensure that any claims that are fixed to cosmetics product packaging and/or that feature in cosmetics advertising are in accordance with said criteria.
Holders and/or non-Holder Business Actors may be subject to the imposition of administrative sanctions if they fail to comply with the obligations outlined above. Said administrative sanctions range from the issuance of written reprimands to the temporary suspension of business activities up to the revocation of notification numbers.
Any claims that were published or affixed to cosmetics packaging prior to the enforcement of Regulation 3/2022 (i.e. 7 January 2022) must be brought into line with the abovementioned provisions within 12 months of their promulgation date.
Regulation 3/2022 has been in force since 7 January 2022.

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The National Agency of Drug and Food Control (Badan Pengawas Obat dan Makanan – "BPOM") recently issued Regulation No. 3 of 2022 on Technical Requirements for Cosmetics Claims ("Regulation 3/2022") as a part of efforts aimed at protecting the general public from claims being made about cosmetics products that are potentially misleading or that lack objectivity.
Cosmetics business actors ("Business Actors") must ensure that all cosmetics products that they distribute within the territory of Indonesia fulfill various technical requirements (i.e. in relation to claims that feature on packaging and in advertising). Any claims that are made must fulfill various requirements relating to the following criteria: 1) Legal compliance; 2) Accuracy; 3) Honesty; 4) Fairness; 5) Provability; 6) Clarity and understandability; and 7) The prohibition on claiming that a cosmetics product is a drug or can be used to cure or prevent illness. Moreover, any Business Actors that are holders of official notification numbers ("Holders") must ensure that any claims that are fixed to cosmetics product packaging and/or that feature in cosmetics advertising are in accordance with said criteria.
Holders and/or non-Holder Business Actors may be subject to the imposition of administrative sanctions if they fail to comply with the obligations outlined above. Said administrative sanctions range from the issuance of written reprimands to the temporary suspension of business activities up to the revocation of notification numbers.
Any claims that were published or affixed to cosmetics packaging prior to the enforcement of Regulation 3/2022 (i.e. 7 January 2022) must be brought into line with the abovementioned provisions within 12 months of their promulgation date.
Regulation 3/2022 has been in force since 7 January 2022.

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