Did you know that Korean sunscreens aren't allowed to be sold or marketed in Australia unless they are registered with the TGA?
In Australia, the sale of sunscreens is regulated by the Therapeutic Goods Administration (the “TGA“), which is similar to America’s FDA. The TGA classifies sunscreens as products that are “primarily used for protection from UV radiation and have an SPF of 4 or more”. In addition, the TGA also regulates the sale of moisturisers that contain sunscreen with an SPF greater than 15. Makeup is excluded.
The TGA requires that in order to be sold in Australia, sunscreen products be tested to determine their SPF, which is printed on the label. Only approved ingredients can be included in sunscreens, and each of these ingredients has been assessed for safety.
Before a sunscreen can be legally marketed in Australia, it needs to be included in the Australian Register of Therapeutic Goods (the “ARTG“).
Marketing a Korean sunscreen includes things like posting a paid ad for it on Instagram, or posting a testimonial for a product that you've received for free.
The TGA has clarified that its advertising code now applies to Australian influencers. This means that if you have previously been reviewing Korean sunscreens on your YouTube or Instagram page that you have received for free or been paid to promote by the brand or another store, then your posts breach the advertising code.
WHO AM I?
I am an Australian lawyer who has worked in the beauty industry for the last decade.
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