[Updated] Indonesia Implements New Technical Requirements for Cosmetics Claims

Editor’s Note: This article was originally published on Dec. 24, 2020, and was updated on Jan. 20, 2022, as per the latest developments.

Before conducting cosmetic notifications in Indonesia, business operators must ensure the objectivity and authenticity of product claims. After obtaining a notification certificate, the notification certificate holders should be responsible for claims compliance.

On Jan. 7, 2022, Indonesia released and implemented the finalized Technical Requirements for Cosmetics Claims, replacing the previous 2015 version. ¹ The regulation clarifies requirements for cosmetic claims and attaches two lists of prohibited and permitted claim examples.

Claims that have been labeled or published prior to Jan. 7, 2022, must comply with the finalized regulation before Jan. 8, 2023.

*Compared with the draft released in Dec. 2020, the contents in the finalized regulation are not changed much. The changes made in the finalized regulation on the basis of the draft are marked in red in the following article.

Regulatory Scope

The regulatory scope of Technical Requirements for Cosmetics Claims include claims on:

• Labeling; and

• Advertising.

Compliance Standards of Claims

Cosmetic claims must meet the following criteria:

• Legal compliance;

• Truth;

• Honesty;

• Justice;

• Verifiable;

• Clear and easy to understand;

• May not pretend to be a medicine or aim to prevent a disease.

To fulfill the above criteria, cosmetic claims must pay attention to the following matters:

1. Claim evaluation should be the compliance evaluation of the entire sentence.

2. Claims must be true and can be proven, such as:

• If cosmetics claim to contain certain ingredients, the ingredients must be included in the formula;

• The ingredient efficacy claims are supported by scientific references or on the basis of use that has been passed down from generation to generation;

• Cosmetics claims must be proven by relevant data within the scope of cosmetics or supported by testing using a currently valid and ethical methodology. E.g., dermatologically tested, dermatologist tested, hypoallergenic, and clinically tested.

3. Claims must be objective, not derogatory to the company, organization, industry, or competitor's products.

4. Claims must not promise immediate efficacies if:

• The product must be used regularly and continuously;

• A series of products must be used to achieve efficacy.

5. Claims must not use sentences that aim to treat, pretend to be a medicine, or aim to prevent a disease or contain medical terms. E.g. gingivitis (inflammation of the gums), halitosis.

6. Claims must not include statements issued by a particular organization or institution unless accompanied by justifiable evidence. E.g., cruelty-free and organic.

7. Claims must not use exaggerated words such as "safe" without being accompanied by objective, adequate and reliable evidence.

8. Claims do not describe or give the impression of any advice, recommendations, or information about the use of cosmetics from a laboratory, research institute, government agency, health/beauty professional organization or health personnel.

9. Claims do not contain name, logo/symbol or identity from ministries, institutions, laboratories or agencies that conduct analysis or issue cosmetic certificates.

10. Claims must not use exaggerated words such as "harmless," "no side effects," "potent," or words/sentences with the same meaning.

11. Claims must not use superlative words such as "most," "number one," "top," or words starting with "ter," or words/sentences that have the same meaning unless accompanied by verifiable evidence.

12. Claims must not use words "100%," "pure," "original," or words with the same meaning unless accompanied by a reliable explanation, in which case the product is the only one.

13. Claims must not use words "only" or words with the same meaning unless accompanied by verfiable evidence.

14. Claims must not include a statement that does not contain ingredients allowed in cosmetics, except for ingredients related to culture, religion and fragrance which are proven to cause allergies. E.g., Free of alcohol, free of ammonia, free of soap, free of detergents, and free of fragrances.

15. Claims must not include a statement that it does not contain prohibited ingredients in cosmetics.

16. Claims must not contain usage methods outside the cosmetic definitions.

Examples of Permitted and Prohibited Claims

Technical Requirements for Cosmetics Claims also attach two lists of permitted and prohibited claim examples. The following are some excerpts.

1. Permitted Claims

2. Prohibited Claims