UNLAWFUL STATEMENTS IN THE PROMOTION OF COSMETIC PRODUCTS

A cosmetic product is defined under the Cosmetic Products Regulation (the “Regulation”) published in the Official Gazette No. 32184. Pursuant to the provisions of the Regulation, a cosmetic product refers to any substance or mixture prepared to be applied to the external parts of the human body or to the teeth and the oral mucosa for the purposes of cleaning, perfuming, changing the appearance, or protecting them. Unlike medicinal products, cosmetic products are not intended for therapeutic purposes and are not subject to an advertising ban. Nevertheless, advertisements for cosmetic products are reviewed by the Advertising Board for compliance with the relevant legislation in order to ensure consumer protection.

Pursuant to the Regulation on Commercial Advertising and Unfair Commercial Practices published in the Official Gazette No. 29232 and currently in force, advertisements for cosmetic products must not include any image, statement, or reference that creates the impression that physicians, dentists, veterinarians, pharmacists, or healthcare institutions make health-related claims regarding a product or service. In cosmetic product promotions that were subject to the decisions of the Advertising Board, the use of expressions such as “The Brand Most Prescribed by Dermatologists,” “We became familiar with the product upon our doctor’s recommendation; itching decreased, nighttime sleep became regular, and restlessness diminished,” and “Sold in Pharmacies” was deemed to constitute a violation of the applicable legislation. Accordingly, pursuant to the Consumer Protection Law No. 6502, the Advertising Board decided to suspend the aforementioned advertisements and impose an administrative fine on the advertiser.

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