Editor’s Note: This article was originally published on Jan. 6, 2021, and was updated on Dec. 22, 2021, as per the latest developments.
On Dec. 13, 2021, Indonesia released and implemented the finalized Technical Guidelines for Cosmetics Advertising (hereafter referred to as “the finalized Guidelines”), replacing the previous 2016 version. 1 Business actors (including those companies that published advertisements before Dec. 13) must update the advertisements to comply with the finalized Guidelines before Jun. 13, 2022.
Compared with the second draft released in Dec. 2020, the contents in the finalized Guidelines are not changed much. The changes made in the finalized Guidelines on the basis of the second draft are marked in red in the following article.
One year after the release of the first draft Technical Guidelines for Cosmetics Advertising, Indonesia BPOM drafted the second version for public consultation on Dec. 16, 2020. 2 The second draft stipulates the compliance requirements for cosmetic advertising contents, advertising media, supervision methods, administrative sanctions, etc.
Main Amendments
In Indonesia, cosmetics can be advertised after obtaining approval of notification. Notification number holders are responsible for monitoring and ensuring the compliance of advertisements. In comparison to the previous 2016 version, there are several primary amendments as follows:
1. Adds three advertising media
Cosmetic advertisements published and displayed on advertising media shall be subject to supervision. Advertising media includes but not limited to the following:
Advertising Media | Examples |
Print Media | Newspapers, magazines, tabloids, newsletters, bulletins, posters, leaflets, stickers, booklets, pamphlets, yellow pages, catalogs |
Broadcast Media |
|
Outdoor Media | Billboard, decorative light/neon box, signboard, hot air balloon, tire cover, panels at airport or in other public places, printed advertisements posted/hung outdoors, transit ad (advertisements placed on moving objects), gimmick, backdrop and banner |
Online Media [Newly Added] | The division of online media is based on:
|
| Social Media [Newly Added] | Instagram, Facebook, Twitter |
Face to Face Communication [Newly Added] | Talkshow, sales promotion person |
2. Adds new requirements for cosmetic advertising content
1) No religious figures may appear in commercial advertisements or public service advertisements of a product or corporation;
2) Advertisements that include cosmetic efficacies should have credible evidence;
3) Advertisements should not include statements that have obtained certificates such as Cosmetics Good Manufacturing Practices (GMP), notification numbers, organic cosmetics, ISO licenses unless accompanied by credible evidence;
4) Advertisements should not claim to be a medicine or aiming to prevent a disease.
*For all the requirements for cosmetic advertisements, feel free to contact ChemLinked for translation service.
3. Clarify supervision methods
1) Advertising supervision is carried out through the following activities:
Monitoring the publication of advertisements displayed on advertising media;
Inspection of production and distribution facilities.
2) Supervisor is authorized:
Check and retrieve data, information and documents include images, photos, and videos;
Inspect facilities related to advertisements;
Access the identity data, name, and address of the advertiser;
Evaluate circulating advertisements.
4. Modify administrative sanctions for non-compliant advertisements
Notification number holders shall be subject to the following administrative sanctions if the advertisements are non-compliant.
Written warning;
Withdraw advertisements;
Cease advertisements publication;
Temporary suspension of advertising activities;
Notification cancellation/revocation;
Announce to the public;
Make recommendations to the relevant agencies as a follow-up to the results of supervision.
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