On August 21, 2023, Indonesia introduced a draft, amending Regulation Concerning the Control of Drug and Food Online Distribution. 1 This regulation primarily focuses on regulating the requirements for online sales of drugs (including cosmetics) and food. Notably, cosmetics sold online are required to have a notification number.
The requirements for online sales of cosmetics are summarized in the table below. Any requirements that differ from the current effective Regulation Concerning the Control of Drug and Food Online Distribution are highlighted in red.
Business actors have the option to distribute cosmetics online using either their own electronic system or an electronic system provided by an operator.
Both business actors and system operators are required to ensure that the electronic system meets the following requirements:
a. Providing clear and traceable information regarding the name, address, and identity of the business actor.
b. Presenting product label data and information accurately through text and/or pictures.
c. Including a mechanism for recording and documenting electronic transactions that can be traced, and granting access to users and supervisors.
Delivery of cosmetics sold online can be done independently by business actors or in collaboration with third-party legal entities.
When delivering cosmetics, both business actors and third parties must:
a. Ensure that the product packaging remains intact and undamaged throughout the delivery process until it reaches the recipient.
b. Deliver the product in a securely closed container.
c. Maintain appropriate delivery conditions based on the characteristics of the product.
d. Ensure that the products are successfully delivered to their intended destination.
e. Document the handover of products, including instances where third parties are involved in delivering the products.
Types of Cosmetics Prohibited from Selling Online
Business actors are not allowed to circulate the following cosmetics:
a. Skincare products that contain more than 10% alpha hydroxy acid (AHA).
b. Teeth whitening products that contain and/or release more than 6% hydrogen peroxide.
Supervision and Inspection
Monitoring of cosmetics distributed online involves the following activities:
b. Coaching through socialization and assistance in obtaining business licenses.
Upon conducting supervision, if non-compliance with statutory provisions is found, the Food and Drug Supervisory Agency has the authority to issue an order to the electronic system operator. This order may involve blocking and/or closing the Access Uniform Resource Locator (URL) that facilitates the distribution of non-compliant cosmetics online.