Cosmetics Advertising Compliance in Japan: A Guide to Ensure Success
Regulatory Overview
In December 2014, the Japanese Cabinet Office issued the “Implementation Regulations of the Act on Prohibition of Unjustifiable Premiums and Misleading Advertising” (Premium Law), which supplements and provides detailed operational standards for the “Act on Prohibition of Unjustifiable Premiums and Misleading Advertising” enacted in 1962. It defines the regulations related to excessive or misleading advertising, excessive premiums, and tied-in promotional items. The standards for false or misleading information in cosmetic advertisements in Japan differ from the requirements of related regulations in China. Therefore, promotional materials and product information intended for the Chinese market cannot be directly used for advertising and sales in Japan. On April 1, 2016, the Japanese Cabinet Office issued an amendment to the “Implementation Regulations of the Act on Prohibition of Unjustifiable Premiums and Misleading Advertising” (Premium Law), supplementing the punishment mechanisms for violations of this law. Fines for false or misleading advertising can be imposed up to 3% of the sales revenue from the product or service. Exaggerated and false advertising poses risks to cosmetic businesses in Japan.
In addition, in Japan, there are strict regulations on the quantity of promotional samples or gifts that can be tied to the purchase of cosmetics. The cost-effective and attractive promotional strategies commonly used in China may pose compliance risks in Japan and therefore require special attention and analysis.
Definition of Promotional Premiums
Promotional premiums are known as “景品” in Japanese, which refers to goods, money, or other economic benefits provided by a company to attract customers.
Definition of Exaggerated Advertising in Japan
Exaggerated advertising refers to advertisements that describe a product or service as “significantly better than the actual situation” or “significantly superior to the products or services of competitors, contrary to the facts.”
Compliance Review of Advertising Content
This includes promotional premium strategies, promotional advertising brochures, and online images.
Based on Japanese laws and our extensive practical experience, we provide review service of companies’ promotional premium strategies, cosmetic descriptions, wording, and writing methods used in promotional advertisements to ensure that they are unambiguous and compliant with regulations.
Translation of Promotional Information and Filtering of Exaggerated Wording
Based on the original materials provided by the company, we translate them into versions suitable for the Japanese market. We will filter and remove any wording that may be ambiguous or pose compliance risks. We will also refine the content according to the customs and practices of the Japanese market.
Service Process
- Upon receiving the materials that need to be reviewed or translated from the company, the estimated turnaround time is approximately 5-10 business days. Expedited services are available based on the company’s needs with additional fees.
- To determine efficacy claims, it may be necessary for the company to submit efficacy testing reports for the raw materials or finished products.
Why Choose REACH24H
- Wholly-owned subsidiary in Japan with a team of technical and legal professionals who have been deeply involved in the Japanese beauty industry for many years and possess industry qualifications.
- Abundant cooperative resources, including the Japan Cosmetic Industry Association, the Japan Association for Nail and Skin Care, and Japanese testing institutions.
- An independent regulatory information platform that provides real-time regulatory tracking, in-depth analysis, and professional database support.
- Serving 1000+ cosmetic companies globally, including numerous Fortune Global 500 companies.
- Global branches and multilingual service capabilities, efficient international service capabilities.
