Consumer Legal Protection Against Overclaims for Skincare Products in Advertisements

Abstract

This research aims to analyze consumer protection against the practice of overclaims in skincare product advertisements, which often feature excessive claims regarding product benefits and quality. Overclaims can mislead consumers and potentially cause health risks and financial losses. In the legal context, Law No. 8/1999 on Consumer Protection and regulations issued by the Food and Drug Administration (BPOM) have provided a regulatory framework to protect consumers from misleading advertisements. This research uses a normative juridical method with a statutory approach and a case study of skincare product advertisements that are proven to overclaim. The results show that the formation of regulations has explicitly provided consumer protection for the fulfillment of the right to information such as in Law Number 8 of 1999 concerning Consumer Protection, where business actors are required to provide information that is honest, true, and not misleading. Also, BPOM Regulation Number 32 of 2021 concerning Supervision of Cosmetics Advertising. Business actors who are proven to overclaim are fully responsible for the losses suffered by consumers. They can be held accountable through compensation mechanisms and other legal sanctions. Consumer protection against overclaims in skincare product advertisements needs to be improved through a synergy between strong regulations, effective supervision, and increased consumer awareness to prevent wider negative impacts.