IMPLICATIONS OF BPOM SKINCARE PRODUCT OVERCLAIM ADVERTISEMENTS FOR CONSUMER PROTECTION

Abstract

This article discusses the rapid growth of the cosmetics industry in Indonesia, especially skincare products, in the digital era, which is marked by a significant increase in the number of industries and products that have obtained distribution permits from BPOM. BPOM data shows that in the last five years there has been an increase in the cosmetics industry to 1,249 units, with 283,391 cosmetic products having obtained distribution permits, the majority of which are local products. However, the emergence of overclaim practices regarding product benefits that are not supported by adequate scientific evidence has become a serious problem that is detrimental to consumers. Consumers who are influenced by these claims often have unrealistic expectations that then lead to disappointment, financial losses, and health risks. This study uses a normative legal approach to analyze laws and regulations and related legal documents, including the Consumer Protection Law and various BPOM regulations, in order to evaluate the effectiveness of supervision of cosmetic product claims. The results of the analysis show that although BPOM has implemented a supervision strategy through pre-market approval, post-market monitoring, and law enforcement, the supervision mechanism applied still uses a curative method rather than a preventive one. The weaknesses of pre-market laboratory testing, reliance on public reports, and lack of routine supervision of products in circulation are the main factors that allow products with overclaims to enter the market. The implications of these findings underline the need to reconstruct the role of BPOM to be more proactive by increasing the frequency of inspections, utilizing modern technology, and developing preventive evaluation mechanisms. In addition, regulatory updates and stricter and more consistent law enforcement are needed to protect consumers. Consumer education about their rights is also considered crucial to ensure effective access to dispute resolution mechanisms. With synergistic efforts between regulators, business actors, and law enforcement officers, it is hoped that the e-commerce ecosystem in the cosmetics sector can become more transparent, fair, and safe for consumers.