'Help Skin Recovery' Cosmetic Advertisement Suspended... Court Rules "Unfair Action"

[Asia Economy Reporter Seongpil Cho] A cosmetics sales company that was suspended from advertising for using the phrase "helps with skin recovery" in its color cosmetics advertisement filed a lawsuit against the Ministry of Food and Drug Safety and won.

According to the legal community on the 8th, the Seoul Administrative Court Administrative Division 4 (Chief Judge Mi-yeon Jo) ruled in favor of plaintiff A company in the lawsuit filed against the head of the Seoul Regional Food and Drug Safety Office to cancel the suspension of advertising business.

Before launching a new color cosmetics product, Company A advertised that it "helps soothe the skin and recover damage." The Seoul Food and Drug Safety Office imposed a three-month suspension of advertising business on the product, citing a violation of the Cosmetics Act for advertising that could be mistakenly perceived as a pharmaceutical product. Article 13 of the Cosmetics Act prohibits "labels or advertisements that may be mistakenly recognized as pharmaceuticals."

Company A filed a lawsuit against this disposition, arguing, "The phrase was used only to emphasize that the cosmetics contain ingredients effective for skin soothing, and there is no possibility that general consumers would mistakenly perceive it as a pharmaceutical product."

The court ruled in favor of Company A. The court stated, "There is a considerably low risk that consumers would recognize the advertisement as a pharmaceutical product." Considering the overall positive impression conveyed by the advertisement phrase, it was judged that it merely emphasized the product's characteristics.

The court further explained, "Although the cosmetics advertising guidelines prohibit expressions such as 'restores skin damage,' this advertisement used the phrase 'helps with recovery,' so it does not violate the guidelines."

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