This article discusses the legal framework that must be followed in the advertising of cosmetic products and the key points to consider in practice, in line with the decisions of the Advertising Board. While advertising of cosmetic products is free, it is mandatory to avoid misleading statements, ensure that claims can be scientifically proven, and refrain from making health claims that suggest the product has therapeutic properties. Otherwise, the Advertising Board may impose sanctions such as suspension of the advertisement and administrative fines. Therefore, it is crucial for cosmetic companies to prepare their advertisements not only from a marketing perspective but also with full compliance to regulations.
Entrance
Cosmetic products are defined under the Cosmetic Products Regulation, issued pursuant to the Cosmetics Law No. 5324 ("Law"), as "all substances or mixtures intended to be placed in contact with the external parts of the human body (...) with a primary or exclusive purpose of cleaning, perfuming, changing appearance, protecting, maintaining in good condition or correcting body odors." It is essential to note that the effects of cosmetic products must be temporary and should not aim at treating or curing any medical condition. This distinction forms the core line that separates cosmetics from pharmaceuticals. While the promotion of pharmaceutical products to the public through any mass media or public communication platform — such as the internet, television programs, films, news bulletins, or similar channels — is strictly prohibited under pharmaceutical legislation, public advertisement of cosmetic products is legally allowed. Nevertheless, such advertisements are not exempt from regulation. On the contrary, they must comply with strict legal standards designed to ensure consumer protection and fair commercial practice. In this context, the Advertising Board ("Board"), operating under the Ministry of Trade ("Ministry"), plays a critical role by carrying out comprehensive inspections aimed at identifying misleading, deceptive, or exploitative advertisements. The Board evaluates whether advertisements might mislead the average consumer by considering how they are perceived by individuals with ordinary knowledge and attention. This article aims to examine the legal framework and regulatory practice concerning the advertising of cosmetic products, with a particular emphasis on the decisions rendered by the Board.
Legal Framework for Cosmetic Advertisements
The Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation") is the principal legislative instrument governing advertisements across all sectors, including cosmetics. Pursuant to Article 2 of the Regulation, any form of commercial advertisement or practice directed toward consumers is subject to this Regulation. Therefore, all cosmetic advertisements must comply with the general rules established therein. A central principle under the Regulation is that advertisements must not be misleading, and any claims made about a product must be provable. Specifically, Article 7/5(a) is of particular relevance to the cosmetics sector. This provision prohibits advertisements from including any statements that could mislead consumers about the product's nature, composition, benefits, shelf life, method of use, or similar features. Importantly, cosmetic advertisements must avoid any expression, image, or implication that could lead consumers to believe the product possesses therapeutic or medicinal properties. Violation of these provisions may result in administrative sanctions such as suspension of the advertisement and significant monetary fines, the amount of which varies depending on the platform through which the advertisement is disseminated.
According to statistics published by the Ministry on December 18, 2024, the Board reviewed a total of 1,917 cases during that year. Of these, 1,705 were found to involve deceptive advertising or unfair commercial practices. As a result, administrative fines totaling TRY 277.6 million were imposed, in addition to the suspension of offending advertisements.1 These fines are recalculated annually based on the official revaluation rate.
Based on recent decisions and enforcement trends, the following core principles must be observed by cosmetic advertisers to ensure compliance and avoid legal sanctions:
1. Advertisements Must Not Be Misleading or Deceptive
An advertisement is deemed misleading if it contains false, incomplete, or distorted information that is likely to deceive an average consumer. The Board considers whether the content aligns with the ordinary course of life when evaluating such claims.2 For instance, in decision No. 2022/5070, the Board evaluated the phrase "96-hour superior protection against sweating," which appeared on a cosmetic product's website. It ruled that such a claim was misleading, as the performance of the product under laboratory conditions could not be expected to reflect real-world usage habits.3 As a result, the advertisement was suspended.
2. Claims Made in Advertisements Must Be Scientifically Provable
One of the cornerstone principles of advertising law is that all claims must be supported by evidence. This principle is stringently applied in the cosmetics sector. In decision No. 2023/7328, the Board reviewed claims such as "Best Perfume" and "Best Price" and concluded that the advertiser had failed to meet the burden of proof required by the Regulation. The Board emphasized that even having a registered trademark with the Turkish Patent and Trademark Office does not suffice; the claims must be substantiated with reliable data from independent or accredited institutions. Consequently, the advertisement was suspended and administrative fines were applied.4 Similarly, in decision No. 2022/5013, the Board imposed an administrative fine of TRY 347,128 and suspended the related advertisements due to insufficient documentation submitted to support claims like "does not contain SLS, SLES, or sulfates".5
3. Health Claims Suggesting Therapeutic Effects Are Strictly Prohibited
The Regulation expressly forbids advertisements that could mislead consumers regarding the product's characteristics, including its intended use or therapeutic benefits. Article 16 (3) of the Regulation also prohibits references or endorsements from medical professionals or institutions in advertisements, regardless of whether they are direct or implied. Furthermore, the annex to the Regulation lists the inclusion of health claims in cosmetic advertisements as an example of unfair commercial practices. Complementing this regulatory stance, the Turkish Medicines and Medical Devices Agency (TMMDA), in its Guideline on Products at the Borderline with Cosmetic Products, affirms that any product bearing therapeutic claims cannot be classified as a cosmetic.
Despite this clarity, one of the most common violations involves the use of health claims in cosmetic advertisements. For example, in decision No. 2024/2894, the Board reviewed an advertisement for a product named "Wrinkless Cream," which included claims such as "eliminates wrinkles," "removes under-eye circles and bags," "permanently renews skin texture," and "promotes cell regeneration." The Board ruled that such claims suggested therapeutic benefits beyond the scope of a cosmetic product and ordered the suspension of the advertisement.6 Similarly, in decision No. 2022/4024, the Board reiterated that if a product makes scientifically provable therapeutic claims, it should be reclassified and licensed as a medicinal product. Advertising such products as cosmetics constitutes a legal violation, and appropriate sanctions — including suspension and fines — are applied accordingly.7
Conclusion
While advertisements of cosmetic products is legally permitted, this permission is not without constraints. Cosmetic advertisements must be transparent, evidence-based, and must not mislead consumers or imply therapeutic efficacy. The Board plays a vital role in enforcing compliance and establishing consistent jurisprudence, thereby ensuring consumer protection and fair competition in the marketplace. Companies operating in the cosmetics industry should take great care in drafting their advertising materials, balancing marketing strategies with regulatory obligations. Failure to comply not only results in legal and financial penalties but may also inflict lasting damage on a company's brand reputation. As such, legal due diligence must be an integral part of advertising planning and execution within the cosmetics sector.
References
Çataloğlu, B. B. (2020, 07 29). Reklama Hukuki Açıdan Bir Bakış. Yıldırım Beyazıt Hukuk Dergisi(2020/2), pp. 599-632. Retrieved from https://dergipark.org.tr/tr/download/article-file/1230926
Reklam Kurulu 2023 Yılında 114,1 Milyon Lira Para Cezası Kesti. (2023, 12 18). Retrieved from Türkiye Cumhuriyeti Ticaret Bakanlığı: https://ticaret.gov.tr/haberler/reklam-kurulu-2023-yilinda-114-1-milyon-lira-para-cezasi-kesti#:~:text=Reklam%20Kurulu%2C%20bir%20kozmetik%20%C5%9Firketine,firmaya%20m%C3%BCeyyide%20uygulanmas%C4%B1na%20karar%20verilmi%C5%9Ftir
Reklam Kurulu Kararı - Reklam Kurulu, D. 2022/4024, T. No. 330, T. 14.2.2022. (2022, 02 14). Retrieved from LexPera: https://www.lexpera.com.tr/ictihat/reklam-kurulu/d-no-2022-4024-t-sayisi-330-t-tarihi-14-2-2022-1
Reklam Kurulu Kararı - Reklam Kurulu, D. 2022/5013, T. No. 331, T. 14.3.2023. (2023, 03 14). Retrieved from LexPera: https://www.lexpera.com.tr/ictihat/reklam-kurulu/d-no-2022-5013-t-sayisi-331-t-tarihi-14-3-2023-1
Reklam Kurulu Kararı - Reklam Kurulu, D. 2022/5070, T. No. 331, T. 14.3.2023. (2023, 03 14). Retrieved from LexPera: https://www.lexpera.com.tr/ictihat/reklam-kurulu/d-no-2022-5070-t-sayisi-331-t-tarihi-14-3-2023-1
Reklam Kurulu Kararı - Reklam Kurulu, D. 2024/2894, T. No. 343, T. 12.3.2024. (2024, 03 12). Retrieved from LexPera: https://www.lexpera.com.tr/ictihat/reklam-kurulu/d-no-2024-2894-t-sayisi-343-t-tarihi-12-03-2024-1
Reklam Kurulu Kasım İndirimlerinde Tüketicinin Aldatılmasına İzin Vermedi. (2024, 12 18). Retrieved from Türkiye Cumhuriyeti Ticaret Bakanlığı: https://ticaret.gov.tr/haberler/reklam-kurulu-kasim-indirimlerinde-tuketicinin-aldatilmasina-izin-vermedi#:~:text=Bu%20%C5%9Fekilde%2C%202024%20y%C4%B1l%C4%B1nda%20Reklam,para%20cezas%C4%B1%20uygulanmas%C4%B1na%20karar%20verildi
Footnotes
1. (Reklam Kurulu Kasım İndirimlerinde Tüketicinin Aldatılmasına İzin Vermedi, 2024)
2. (Çataloğlu, 2020, p. 610)
3. (Reklam Kurulu Kararı - Reklam Kurulu, D. 2022/5070, T. No. 331, T. 14.3.2023, 2023)
4. (Reklam Kurulu 2023 Yılında 114,1 Milyon Lira Para Cezası Kesti, 2023)
5. (Reklam Kurulu Kararı - Reklam Kurulu, D. 2022/5013, T. No. 331, T. 14.3.2023, 2023)
6. (Reklam Kurulu Kararı - Reklam Kurulu, D. 2024/2894, T. No. 343, T. 12.3.2024, 2024)
7. (Reklam Kurulu Kararı - Reklam Kurulu, D. 2022/4024, T. No. 330, T. 14.2.2022, 2022)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
