South Korea Cracks Down on False Advertising

On December 24, 2024, the Ministry of Food and Drug Safety (MFDS) revealed the inspection results of 200 online postings for cosmetics claiming to help in losing weight¹. In total, 124 cases were identified as false and exaggerated advertising in violation of the Cosmetics Act.

MFDS has requested the Korea Communications Standards Commission to block access to these postings with illegal advertisements. Additionally, 13 cosmetic enterprises directly conduct the false advertising will be faced with on-site inspections and administrative actions by local authorities.

In detail, 123 advertisements falsely implied medical effects, including "fat dissolution" and "reduction of body fat," which could lead to consumer misconceptions. Examples are given by the authority as below:

① Fat dissolution cellulite cream

② The feeling of fat burning away

One advertisement was found to be illegal for using claims of "no steroid ingredients" and "non-irritating." In South Korea, "anti-androgens of steroidal structure" are classified as prohibited ingredients. These claims could mislead consumers into thinking that products containing steroid ingredients are safe to use. Therefore, such advertising is classified as an unfair advertising practice.

ChemLinked Note

Attractive claims and advertisements can help companies improve visibility, increase demand and sales and support growth. However, noncompliance advertising practices may result in administrative penalty and business suspension. Understanding the Korean cosmetic labeling requirement is essential before placing product in this market.

As stipulated in Article 13 of Cosmetics Act2, improper advertisements for general cosmetics include:

1) Labeling or advertisements likely to mislead consumers into thinking the cosmetics are medicines;

2) (A) Labeling or advertisements likely to mislead consumers into thinking the cosmetics are functional cosmetics; (B) Labeling or advertisements exceeding the scope of the examination undergone on the safety and effectiveness of functional cosmetics, or advertisements different from such examination results;

3) Labeling or advertisements likely to mislead consumers into thinking any non-natural/ organic-cosmetic is a natural or organic cosmetic;

4) Other labeling or advertisements likely to deceive or mislead consumers by misrepresentation.

Read More