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Verga Syaharani Sukma; Lia Nuraini; Muhammad Fajar Hidayat

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid growth of e-commerce in Indonesia has led to significant changes in the way food products are sold, particularly imported foods. While the convenience of online shopping offers great benefits to both consumers and businesses, it has also uncovered several regulatory challenges, especially concerning the labeling of imported food products. A critical issue is the non-compliance with the Indonesian language labeling requirements for these products, which puts consumers at a disadvantage. Such practices not only violate existing consumer protection laws but also pose risks to public health, as consumers may not fully understand the contents or risks associated with foreign food products due to language barriers. This study highlights the need for a more robust framework to enforce labeling laws, focusing on the responsibility of e-commerce platforms. Platforms play a crucial role in bridging the gap between sellers, manufacturers, and consumers. By implementing stricter oversight and monitoring mechanisms, e-commerce platforms could ensure that sellers comply with legal labeling requirements. Furthermore, platforms can act as intermediaries to facilitate consumer complaints and provide dispute resolution services in cases of non-compliance. In addition, the study emphasizes the importance of consumer education. Many consumers are unaware of their rights and the standards they should expect from food products sold online. Thus, there is a need for awareness campaigns and easy access to information on consumer rights, particularly in the context of e-commerce. Strengthening the enforcement of these regulations, providing training for business actors, and improving public awareness will help ensure that imported food products are sold in a transparent, legally compliant manner.

Dielasy Budiarti; Dede Mahdiyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The COVID-19 pandemic has accelerated the vaccination program in Indonesia as an effort to mitigate the health crisis. However, this emergency has also opened up opportunities for the widespread circulation of illegal and counterfeit vaccines, threatening public safety. This article aims to analyze the legal implications of this phenomenon through a normative-empirical approach using case studies. Three main cases are analyzed: the 2016 national counterfeit vaccine case, the 2021 illegal COVID-19 vaccine sales case in North Sumatra, and the falsification of COVID-19 vaccine certificates that occurred between 2021 and 2022. The analysis focuses on identifying legal loopholes, weaknesses in the oversight system, and their consequences for human rights protection and the integrity of public health programs. The results show fragmented oversight of vaccine distribution, weak transparency in the vaccine supply chain, and legal sanctions that have not provided a significant deterrent effect on perpetrators of health crimes. These conditions not only threaten individual safety but also undermine public trust in the national vaccination program. Inconsistent law enforcement and weak inter-agency coordination have exacerbated the situation. Therefore, efforts are needed to strengthen stricter regulations, increase synergy between supervisory and law enforcement agencies, and secure an integrated and transparent health information system. These measures are expected to ensure the security of vaccine distribution and enhance the accountability of the vaccination program in Indonesia, thus optimally protecting the public's right to health.

Rahayudin Rahayudin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In the context of Indonesia’s evolving insurance landscape, this study examines the legal protection afforded to policyholders of the BLife Plan MultiPro unit-linked life insurance product against uncertainties in end-of-contract benefit payments. Employing a doctrinal-normative and historical approach, the research analyzes statutory provisions from Law No. 8 of 1999 on Consumer Protection through Law No. 40 of 2014 on Insurance and POJK regulations to evaluate the efficacy of preventive (transparency requirements), corrective (mediation and arbitration), repressive (administrative sanctions), and restorative (insurance guarantee scheme) mechanisms. Integrating Fuller’s internal morality of law, Hart’s open-texture theory, and Knight’s risk-uncertainty distinction, the findings reveal that regulatory evolution has progressively enhanced policyholder protection from 65% under the 1999 framework to 95% under the forthcoming 2028 guarantee scheme yet practical gaps persist in consumer education and claims standardization. The study recommends clarifying policy clauses, streamlining administrative procedures, and enhancing judicial discretion to fortify legal certainty and restore consumer confidence

Desti Emiliani; Marice Simarmata

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study employs a normative juridical approach to examine the legal aspects of implementing financial technology (fintech) in healthcare financing in Indonesia. The rapid development of fintech offers potential solutions for addressing financial barriers in healthcare access. However, it also presents legal and regulatory challenges, particularly concerning consumer protection, data privacy, and institutional coordination. The analysis focuses on several key legal instruments, including Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 on Electronic Information and Transactions (ITE), Law No. 17 of 2023 on Health and its implementing regulation, Government Regulation No. 28 of 2024, and Law No. 27 of 2022 on Personal Data Protection. Additionally, regulations issued by the Financial Services Authority (OJK), which govern the operations of fintech companies in Indonesia, are also considered. The findings indicate that while there is a growing regulatory framework supporting fintech integration into the health sector, several gaps remain, particularly in terms of coordination between regulatory bodies and stakeholders in health and finance. The study identifies the need for comprehensive policy harmonization to ensure that fintech-based healthcare financing systems are secure, transparent, and inclusive. Furthermore, it emphasizes the importance of strengthening data protection mechanisms and enhancing regulatory oversight, especially for fintech services operating in partnership with healthcare providers. As fintech continues to reshape the landscape of healthcare financing, robust legal safeguards must be developed to mitigate potential risks and ensure equitable access to health services. The study concludes by recommending an integrated legal and institutional approach to support the safe and ethical implementation of fintech in Indonesia's healthcare sector.

M. Sunandar Yuwono; Evita Isretno Israhadi

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer protection in e-commerce transactions in Indonesia faces significant challenges due to the lack of specific regulations that clearly define the responsibilities of digital platforms. Law Number 8 of 1999 concerning Consumer Protection (UUPK) serves as the primary legal framework, but it has not adequately addressed the complexities of digital transactions, leading to legal uncertainty in resolving disputes and safeguarding consumer rights. This gap in the law leaves consumers vulnerable, as their rights are not clearly protected in the digital environment. One of the main issues is the low level of consumer legal literacy in Indonesia, which exacerbates the problem. Many consumers are unaware of their rights or how to enforce them, making it difficult for them to seek redress in case of problems with e-commerce transactions. This lack of understanding creates an environment where consumers are often left without proper recourse when facing issues such as faulty products, delayed deliveries, or breaches of personal data security. This study aims to identify the barriers to consumer protection in e-commerce and propose solutions to address these challenges. The study suggests that more comprehensive and adaptive regulations are needed to define the responsibilities of e-commerce platforms clearly. These regulations should include effective complaint mechanisms, stronger consumer data protection policies, and a framework for resolving disputes quickly and transparently. Additionally, the study emphasizes the need for stricter supervision and more robust law enforcement to ensure that digital trading platforms comply with consumer protection laws. The findings highlight the importance of creating a safe, fair, and trusted digital trading ecosystem in Indonesia, where consumers feel secure and are empowered to demand their rights. By implementing these recommendations, Indonesia can improve consumer protection in the digital economy, ultimately fostering a more sustainable and transparent e-commerce environment.  

Donny Setha

Jurnal Pengabdian dan Solidaritas Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

The development of digital technology has brought about significant changes in people's transaction patterns, particularly with the increasing use of online platforms for buying and selling. This phenomenon provides convenience for consumers and merchants, but is also accompanied by a high rate of online fraud experienced by both consumers and merchants. This fraud can take the form of fraudulent transactions, goods not received, or identity fraud. Low public legal literacy regarding rights and obligations in digital transactions is one of the main causes of weak legal protection for fraud victims. Many consumers and merchants are unaware of their rights and the legal procedures to take when experiencing fraud. This community service activity aims to increase the legal understanding of the public, especially online merchants and consumers, regarding digital consumer protection and legal fraud handling mechanisms. The activity implementation methods included interactive legal counseling, distribution of closed-ended questionnaires, case study simulations, Q&A discussions on legal issues, and light consultations. A total of 60 respondents, consisting of 30 merchants and 30 consumers, participated in the closed-ended questionnaire. The results showed that the majority of participants did not fully understand their rights in digital transactions and were unaware of the legal procedures to take when experiencing fraud. Despite this, participant interest in legal education was very high, with over 75% stating they wanted further legal assistance. This activity is expected to provide the public with better insight into their rights and obligations in digital transactions, as well as raise awareness of the importance of legal protection in the digital age. This is expected to make the public more vigilant and protected from potential online fraud in the future. Furthermore, increased legal literacy is expected to create a safer and more trustworthy digital transaction ecosystem for all parties.

Made Arsia Luna Tantra

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of overclaiming in the skincare industry, particularly through e-commerce platforms, has emerged as a critical concern in the realm of consumer protection law. Misleading product claims, especially regarding active ingredients such as retinol, can not only compromise consumer trust but also pose health risks. This study aims to analyze the legal responsibility of business actors in cases of exaggerated product claims, with a focus on the ElsheSkin case, in which the retinol content was scientifically proven to differ significantly from what was stated on the product label. Employing a juridical-normative and descriptive-analytical approach, this study uses secondary data derived from relevant legislation, expert commentary, regulatory standards, and digital media content. The findings indicate that ElsheSkin’s mislabeling constitutes a violation of the principle of transparency and the right of consumers to obtain accurate product information as regulated in Indonesian consumer protection law, particularly Law No. 8 of 1999. Despite the violation, ElsheSkin displayed a degree of legal and ethical responsibility by conducting a product recall, offering compensation to affected consumers, issuing a public apology, and initiating improvements to internal quality control mechanisms. The case underscores the urgent need for stronger regulatory oversight in the digital marketplace, especially in the skincare sector, where scientific claims can be easily manipulated for marketing gain. It also emphasizes the importance of enhancing public awareness and education regarding product ingredients and their actual effects. In conclusion, while business actors are legally bound to ensure the accuracy of product information, there must also be a collaborative effort between regulators, companies, and consumers to create a more transparent and trustworthy digital commercial environment.  

Priskila Margaretha; Nyi Mekar Saptarini

Jurnal Riset Ilmu Farmasi dan Kesehatan 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

Indonesia, as the country with the largest Muslim population in the world, has a significant demand for halal products, including pharmaceuticals. Halal certification serves not only as a regulatory compliance requirement but also as a strategic tool to build consumer trust, ensuring that products meet both religious and quality standards. This article aims to descriptively examine the process and challenges of preparing for halal certification in the pharmaceutical industry, focusing on the evaluation of active pharmaceutical ingredients (APIs) and excipients. The study is based on firsthand experience during a pharmacist professional practice (PKPA) at a national pharmaceutical company. Key areas of focus include material flowchart analysis, identification of critical non-halal points, and the implementation of the Halal Product Assurance System SJPH, in line with Indonesian halal regulatory frameworks. The findings highlight the importance of systematically identifying critical points, especially in evaluating the origin and status of materials such as alcohol, enzymes, and activated carbon, which frequently raise concerns in halal compliance. Furthermore, successful implementation requires comprehensive documentation, revision of standard operating procedures (SOPs), and staff training to ensure traceability and consistency throughout the supply chain. Collaboration with the Indonesian Ulema Council (MUI) and the Halal Product Assurance Organizing Agency (BPJPH) is also vital for technical guidance and certification processes. The study concludes that a structured and integrated approach to halal assurance not only facilitates certification but also enhances operational quality and market competitiveness. This study is expected to provide practical insights for pharmaceutical industries in effectively and sustainably implementing halal regulations, contributing to broader consumer protection and industry accountability.

Dita Nur Haerunisa; Ruli Purwanto

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is motivated by the rampant circulation of repackaged products that have not been fully supervised. Therefore, it is necessary to analyze the legal protection provided to consumers and the effectiveness of the role of the Food and Drug Supervisory Agency (BPOM) in conducting supervision. The purpose of this study is to determine the legal protection provided to consumers of packaged food products and to determine the extent to which BPOM carries out its role as a supervisory agency in ensuring the safety of these products. This research uses a normative legal approach with a qualitative approach, through literature study and interviews as a complement. The results show that business actors are required to re-register repackaged products in accordance with food safety regulations. This is a preventive measure to ensure that products in circulation are safe for consumption and provide effective legal protection for consumers. The findings also indicate that BPOM supervision still needs strengthening, both in terms of regulations, resources, and community outreach.  

Kristina Murniati Beda

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The Financial Services Authority (Otoritas Jasa Keuangan/OJK) plays a strategic role in ensuring the protection of consumer rights in the banking sector. Along with the increasing complexity of financial services, the potential for consumer rights violations has also risen, including misuse of personal data, administrative errors, and unfair dispute resolution. This study aims to analyze how OJK’s supervisory functions in safeguarding consumer rights in the banking sector can be effectively implemented. A socio-juridical method was used, employing legislative approaches, conceptual analysis, and case studies. Theories applied include legal liability theory, consumer protection theory, and banking supervision theory. Data were obtained from legal documents, OJK annual reports, and interviews with relevant parties. The findings indicate that although OJK has adequate supervisory instruments, such as administrative sanctions and consumer complaint systems, implementation still faces challenges, including limited human resources, lack of consumer education, and resistance from some banking institutions to strict supervision. This study implies that strengthening OJK’s institutional capacity and enhancing collaboration with banking institutions are necessary to ensure effective consumer rights protection.

Nilam Candri Andini; Nooraini Dyah Rahmawati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the juridical aspects of online loans (pinjol) as an alternative method for Indonesian students to pay tuition fees (SPP and UKT), with a focus on the partnership between universities and fintech institutions like Danacita. Using normative legal methods and literature analysis, the study finds that while online lending platforms are legally regulated under POJK No. 77/POJK.01/2016, there are still gaps in legal protection for students as consumers. The lack of targeted consumer protection, transparency, and financial literacy raises serious risks of over-indebtedness and academic dropout. This paper calls for more stringent government oversight, improved regulatory enforcement by OJK, and the development of accessible, fair educational financing alternatives.

Oktaviana Ayu Sekar A; Prastyanti, Rina Arum

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid expansion of fintech lending services, particularly cross-border peer-to-peer (P2P) lending, has created significant legal challenges concerning consumer protection. This study examines whether existing legal frameworks adequately safeguard consumer rights within the borderless digital lending environment. Utilizing a normative-juridical method combined with a comparative approach, the research analyzes Indonesia’s regulatory structure alongside selected international frameworks. The findings reveal substantial gaps in consumer protection, exacerbated by the proliferation of illegal online lending platforms, regulatory fragmentation across jurisdictions, and the misuse of personal data. National regulations often prove insufficient to address complex cross-border legal issues. This study underscores the urgency of global regulatory harmonization, enhanced national oversight mechanisms, and improved digital literacy among consumers. It concludes with recommendations for regulatory reform, the establishment of international supervisory cooperation, and the strengthening of institutional roles, particularly by financial and communication authorities, to ensure robust consumer protection in the evolving fintech lending ecosystem.

Kaffi, Muhammad Kaffi Al Mubaarok; Sahril Fadli

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The complexity of the financial services sector necessitates effective dispute resolution mechanisms. This study analyzes the implementation of financial services dispute mediation by OJK DIY under OJK Regulation No. 1/LAPS-SJK/I/2021 and explores procedural constraints. An empirical juridical method with qualitative approach was employed through in-depth interviews with OJK DIY officials and consumers utilizing mediation services, supplemented by secondary data from official documents and related regulations analyzed descriptively. Findings reveal a low mediation success rate of 18.67% from 2,501 complaints in 2023 with an average resolution duration of 10 working days. Primary obstacles include digital gaps in service access, insufficient legal and financial literacy among the public, bargaining power disparities between consumers and financial institutions, and limited program socialization. The research recommends transforming OJK DIY's mediation system through enhanced digital access, strengthened consumer education, equalized bargaining positions, and intensified socialization. This study contributes to developing more efficient and equitable dispute resolution policies and provides strategic recommendations for improving consumer protection in Indonesia's financial services sector.

Muhd. Basry Hamaya

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy of postpaid data quota elimination by telecommunication companies in Indonesia has raised legal issues in the context of consumer protection. This practice is often implemented without transparency or explicit consent from consumers, despite the fact that the data quotas have been fully paid. This study aims to analyze the compatibility of the quota elimination policy with the principles of contractual fairness and consumer protection under Indonesian positive law. The research uses a normative juridical method, focusing on statutory regulations, legal doctrines, and comparative practices from other jurisdictions. The findings reveal that standard clauses regulating data quota forfeiture without a rollover or compensation mechanism contradict Article 18 of Law Number 8 of 1999 concerning Consumer Protection and violate the principles of good faith, balance, and transparency in contracts. Therefore, such policies are inconsistent with the doctrine of fair contracts and the legal responsibilities of business actors as mandated in the Indonesian consumer protection legal system. This study recommends the establishment of technical regulations by BRTI and the Ministry of Communication and Information (Kominfo) to ensure fair and sustainable protection of consumer rights over paid data services.  

Gunawan Widjaja; Songga Aurora Abadi; Yuri Anggi

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The advancement of digital technology has introduced a novel trend in marketing via social media platforms, specifically through influencers promoting products or services. Nonetheless, numerous endorsements by influencers contain misleading, inaccurate, or harmful claims to consumers. This research aims to analyze the civil liability of influencers for product claims that cause consumer harm in digital media endorsements, referencing Law No. 8 of 1999 on Consumer Protection. Utilizing a normative juridical method based on literature review of laws, legal doctrines, and pertinent cases, the findings reveal that influencers can be held civilly liable under the tort principle (onrechtmatige daad) as stipulated in Article 1365 of the Civil Code, if proven to provide false or unsupported claims resulting in consumer harm (Setiawan, 2019). Therefore, there is a pressing need to enhance regulations governing the role of influencers in consumer protection frameworks alongside effective liability mechanisms as a form of accountability in the evolving digital marketing landscape.

Sebastian Alboen Sihombing; Reva Setianingsih; God Godsent; Urai Vidia

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for consumers is an important issue in maintaining public trust in products circulating in the market, especially in subsidized cooking oil products. Decreasing quality or cutting product content can affect consumer perception, which has an impact on decreasing trust in the product brand. This study aims to analyze the impact of legal protection on the consequences of cutting subsidized cooking oil and how this incident affects public trust. The research method used is a qualitative approach with a case study analysis of the event of cutting the contents of cooking oil products by PT AEGA. The results of the study indicate that non-compliance with product quality standards can cause consumer distrust and worsen the brand image that has been identified with the government subsidy program. Therefore, it is important for the government and business actors to increase transparency, supervision, and law enforcement so that the public does not feel disadvantaged and continues to trust the products they consume. This study also recommends strengthening regulations and legal counseling to the public to increase their awareness and participation in consumer protection.

Hasan, Kusman; Moonti, Roy Marthen

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bank credit agreements are often drafted in the form of standardized clauses that are detrimental to customers because they are made unilaterally by banks without room for negotiation. This position imbalance is exacerbated by low legal literacy and information asymmetry between the two parties. This research aims to analyze the ideal form of legal protection for customers in the face of harmful standard clauses. Through a normative juridical approach and case studies, it is found that regulations such as the Consumer Protection Law and POJK have provided a legal basis, but their implementation is still weak. Ideal legal protection includes three aspects: preventive, repressive, and curative, and requires the active role of the state and OJK as supervisors. Regulatory updates, strengthened legal education, and fairer contract supervision are needed to create an equitable and inclusive financial ecosystem. Effective protection will also strengthen public confidence in the banking sector.

Fitri Natasha Dachi; Urbanisasi Urbanisasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

Ahmad Tahsin Thohari; Dimas Yanuarsyah

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The International Mobile Equipment Identity (IMEI) registration policy in Indonesia was officially implemented in 2020 through the Regulation of the Minister of Communication and Information Technology No. 1 of 2020. This policy aims to suppress the circulation of illegal telecommunications devices, increase consumer protection, and support domestic industry. This article analyzes the background, legal framework, and implementation of the IMEI registration policy, with a focus on its effectiveness, legal challenges, and implications for consumer and business rights. The study uses a normative-empirical approach. The results show that this policy provides regulatory and technological benefits, although challenges in cross-agency coordination and personal data protection are still significant.

Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Indradewi, Astrid Athina; Ginting, Yuni Priskila; Boong, Vicariya Retnowati

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to conduct a juridical analysis of cases of circulation of illegal cosmetic products. The method used is normative-dogmatic juridical research, which focuses on relevant legal doctrines and principles. The approach used is a conceptual approach and a statutory approach, with primary legal sources including the Health Law, BPOM Regulations, the Criminal Code (KUHP), and the Criminal Procedure Code (KUHAP). Secondary legal sources include journals, books, and other references that support the analysis. The results show that the distribution of illegal cosmetic products that do not meet safety and quality standards, as in the case of the defendant Megawati binti Rahmat alias Mega in verdict number 39/Pid.Sus/2020/PN Slr, is a serious violation of health law and consumer protection in Indonesia. Based on the principle of liability based on the element of fault, the defendant can be held legally responsible because it is proven that she distributed cosmetics without a distribution permit containing hazardous substances such as mercury. The Panel of Judges considered that the defendant's actions fulfilled the elements of unlawful acts in accordance with Article 1365 of the Civil Code and Article 196 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health. The implications of this research emphasize the importance of strict law enforcement and the application of the principle of responsibility to protect public health from dangerous cosmetic products.