Supplement and cosmetic posts by creators in Japan: the claim rules
In Japan, a health food whose post says it cures, prevents or even relieves fatigue is treated as an unapproved drug, and advertising it is a crime. The laws start with “何人も” (no person), so they reach whoever posts. And a disclaimer like “個人の感想です” doesn’t change the answer.
The rules in short
- Drug claims turn a food into an unapproved drug. A health food advertised to treat or prevent a disease, or to strengthen the body (“疲労回復”, “免疫力を高める”), is treated as a drug. Advertising an unapproved drug is banned.
- “No person” means anyone. The PMD Act’s ad rules and the Health Promotion Act’s ban on exaggerated health claims both begin with “何人も”, not with the seller.
- Disclaimers don’t help. The CAA says “個人の感想です” or “効果を保証するものではありません” doesn’t affect whether a claim is false or exaggerated.
- A requested review shown as a normal user’s is a problem. The CAA’s own example: a review specifically asked to be positive, paid or free, presented as an ordinary user’s experience.
- Function-claim foods and cosmetics have fixed limits. A 機能性表示食品 may say only what was notified. A cosmetic may claim only the 56 listed effects.
Which laws apply
| Law | What it says | Penalty | Source |
|---|---|---|---|
| PMD Act (薬機法), Art. 66(1) | No person may advertise, write or spread false or exaggerated statements about the effects of a drug, quasi-drug, cosmetic or medical device, express or implied. Art. 66(2): a statement that could be read as a doctor’s or other person’s guarantee counts. | Up to 2 years in prison and/or ¥2,000,000 (Art. 85). Since 1 August 2021, a surcharge of 4.5% of the product’s sales can be ordered against the advertiser. | e-Gov |
| PMD Act (薬機法), Art. 68 | No person may advertise the name, effects or performance of a drug that hasn’t been approved. | Up to 2 years in prison and/or ¥2,000,000 (Art. 85). | e-Gov |
| Health Promotion Act (健康増進法), Art. 65(1) | No person may make claims about a food’s health effects that are markedly untrue or markedly misleading. | Recommendation, then order; breaking an order: up to 6 months in prison or ¥1,000,000 (Art. 71). | e-Gov |
| Premiums and Representations Act (景品表示法) | Misleading representations by the business, including the stealth marketing rule since 1 October 2023. | Orders and surcharges against the business. | Our guide |
When a health food becomes a “drug”
The Ministry of Health’s standard on the scope of drugs judges a product by its stated purpose, effects, dosage and how it is sold and described, including in ads on the internet. Three kinds of effect claims make a food look like a drug:
- Disease claims: curing or preventing an illness, such as “ガンがよくなる” or “便秘がなおる”.
- Strengthening claims: “疲労回復” (recovery from fatigue), “体力増強”, “老化防止”, “若返り”. Claims about nutrition and maintaining health are the stated exception.
- Implied claims: effects suggested through articles, quotes from doctors or experience stories (経験談). A creator’s “since I started taking it…” can be one.
The Ministry treats something as an ad when it clearly aims to make people buy, names the product, and the public can see it (the three criteria of notice 医薬監第148号, 1998). A creator’s post about a named product meets all three. A login wall doesn’t change that, according to the Ministry’s internet Q&A.
| Wording | For an ordinary health food |
|---|---|
| “便秘改善”, “認知症予防”, “花粉症に効果あり” | A drug claim: not allowed without approval as a drug. |
| “疲労回復”, “免疫力を高める”, “アンチエイジング”, “脂肪燃焼を促進”, “血液サラサラ”, “デトックス” | Listed by the CAA as drug claims for health foods. |
| Names that imply an effect, such as “腸活”, “妊活”, “ほね元気” | Listed by the CAA as implied drug claims. |
| Nutrition and health maintenance (“栄養補給”, “健康維持”) | Not a drug claim, according to the Ministry, as long as no specific action is claimed. |
| “個人の感想です” added at the end | Changes nothing: the claim is judged as if it weren’t there. |
Who is liable: the brand, and possibly the creator
The stealth marketing rule under the Premiums and Representations Act is aimed only at the business. The health-claim laws are wider. The CAA’s notes say Art. 65 of the Health Promotion Act applies to “何人も” and is not limited to makers and sellers. They also say:
- The brand answers for affiliates. Even if it didn’t know the exact wording, a brand that leaves the content to affiliates is treated as the business responsible.
- Affiliates can be liable too. Under the Health Promotion Act, when they took part in deciding what the ad says. The CAA names affiliates; creators paid in product are in a similar position.
- Stealth reviews are named. Ads on review sites or famous people’s blogs that hide that they are ads “may amount to” false or exaggerated claims.
The PMD Act’s ad bans also start with “何人も”, so on their plain wording they cover a creator who posts a drug claim. We found no Ministry document that names influencers, and no primary source for an order or arrest against an individual creator. The Ministry notes that many people who advertised and sold unapproved drugs with drug claims have been arrested by the police.
Foods with function claims (機能性表示食品)
A food with function claims may say only the function its maker notified to the CAA, in the notified form (“機能性関与成分△△には、○○する機能があることが報告されています”). The government doesn’t review these claims, so the business is responsible for them. The CAA’s guidance on checking ads after the fact and its leaflet for businesses rule out:
- Going beyond the notified function, or cutting out part of it to emphasize.
- Medical words such as “診断”, “予防”, “治療”.
- Addressing people with a named disease (“糖尿病の方へ”), minors, or pregnant and breastfeeding women.
- Claims of deliberate enhancement, such as body transformation, hair growth or whitening.
- Words or pictures that hint at effects beyond the notified claim.
After the 2024 beni-koji (紅麹) incident, the rules for these foods changed from 1 September 2024: makers must report suspected harm promptly, and supplement-type products move to GMP manufacturing. The changes don’t add advertising rules, but they show how closely the category is watched. Foods for specified health uses (特定保健用食品) may only use the claim they were permitted.
Cosmetics: the 56 effects
A cosmetic may advertise only the 56 listed effects, from cleansing the scalp and hair to “乾燥による小ジワを目立たなくする”, which needs a specific test. Makeup effects (“小じわを目立たなく見せる”) and how it feels (“清涼感を与える”) are allowed when true. For cosmetics, the Ministry’s ad standards allow testimonials only to describe how the product feels in use. “Joint research with ○○ University” is not allowed for cosmetics. Anything beyond that list is a false or exaggerated ad under Art. 66.
The supplement orders so far
Both stealth marketing orders against supplement makers came from gifted Instagram posts that the brand reused:
- Taisho Pharmaceutical (13 November 2024), for the supplement “NMN taisho”: it asked people to post on Instagram in exchange for free product and payment, and put excerpts on its own online shop without saying they were requested. CAA order.
- Rohto Pharmaceutical (25 March 2025), for the supplement “ロートV5アクトビジョンa”: it gave the product free through a tester site, the posts followed its instructions, and it showed their images on its site as ““わたしも”使っています from Instagram”. CAA order.
In both cases, the violation was the brand’s own website showing gifted posts without disclosure. More on the rule in our guide to Japan’s stealth marketing rule.
What your brand should do
- 01
Send the allowed wording with the product
For a function-claim food, the notified claim, word for word. For an ordinary health food, nutrition and health maintenance only. For a cosmetic, the listed effects and how it feels. Say plainly what not to say: 治る, 予防, 疲労回復, 免疫力.
- 02
Don’t rely on disclaimers
Tell creators that “個人の感想です” doesn’t make a drug claim acceptable.
- 03
Ask for the ad label
A gifted post where you had a say needs “広告”, “PR” or “プロモーション”, under the stealth marketing rule.
- 04
Check what was said, not just whether they posted
Claims hide in voice-overs and “before and after” stories. Look at every post your product appears in, tagged or not, and ask for a fix when one crosses the line.
- 05
Reuse posts only with their label
Showing gifted posts on your site without saying they were requested is exactly what Taisho and Rohto were ordered over.
How Pozto helps
Pozto watches the creators you gifted on TikTok, Instagram Reels and YouTube Shorts and finds the posts that show your product, tagged or not. For each post you see the caption, and on Starter and up, every time your brand or product is said out loud, with the creator’s words and the second. That is where “疲れが取れた” or “肌荒れが治った” turns up.
Pozto doesn’t judge claims. It gives your team one list of every post to review. It also grades disclosure: posts written mostly in Japanese are graded by Japan’s rules, which count “広告”, “宣伝”, “PR” and “プロモーション”. Start free with up to 10 creators, or see Pozto for supplement brands.
Questions
Can an influencer say a gifted supplement relieves fatigue?
Not for an ordinary health food. The Ministry of Health lists “疲労回復” as a drug-type claim, and the CAA lists it among claims a health food can’t make. Advertising an unapproved drug is banned under Art. 68 of the PMD Act.
Does “個人の感想です” make a claim acceptable?
No. The CAA says disclaimers such as “個人の感想です” or “効果を保証するものではありません” don’t affect whether a claim is false or exaggerated.
Can the creator be liable, not just the brand?
Possibly. The PMD Act’s ad bans and Art. 65 of the Health Promotion Act begin with “何人も” (no person), and the CAA says affiliates who help decide the content can be covered. The stealth marketing rule applies only to the business.
What can a creator say about a 機能性表示食品?
Only the function that was notified to the CAA, in its notified form. Going beyond it, emphasizing part of it, or using medical words such as “予防” risks breaking the law.
What can a creator say about a cosmetic?
One of the 56 listed effects, makeup effects such as “小じわを目立たなく見せる”, and how the product feels in use. Testimonials for cosmetics may only describe how it feels.
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