1. Cosmetics & Supplements 
    1. How are cosmetic products classified in your jurisdiction and what key national laws/regulations apply?  
    2. Does the law in your jurisdiction place restrictions on particular substances in cosmetic products?
    3. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic products and their safety placed on the market?
    4. Does the law in your jurisdiction require cosmetic products to adhere or pass certain safety assessment standards?
    5. Are there any packaging requirements for cosmetics in your jurisdiction? What information must be included on packaging? 
    6. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic products i.e., advertising regulations?  
    7. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products.
    8. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 
    9. Supplements are often used alongside cosmetics as part of an everyday beauty routine. What is a “supplement” product classified as in your jurisdiction and what key regulations apply?  
    10. Do the regulations in your jurisdiction specify what can and cannot be put in supplement products? If so, what are some examples of these restrictions?
    11. Does the law in your jurisdiction require a person or entity to be responsible for the supplements and their safety placed on the market?
    12. Does the law in your jurisdiction require supplements to adhere or pass certain safety assessment standards before being place in the market? If so, are there any exceptions/particular extra requirements for certain products? 
    13. Does the law in your jurisdiction require the responsible entity to keep records in relation to supplements made available to customers? If so, what are these records?
    14. Are there any labelling or packaging requirements for supplements in your jurisdiction? What information must be included on the labelling/packaging? 
    15. Is the advertising and promotion of Supplements allowed in your jurisdiction? If so, under what conditions? Are there any specific requirements or regulations for advertising and promotion?
    16. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regards to the supply of supplements
    17. Do you expect any future developments in this field in your jurisdiction i.e. key areas of reform?
  2. Beauty devices
    1. Does your jurisdiction regulate cosmetic devices separately from cosmetic products?
    2. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic devices and their safety placed on the market?
    3. Does the law in your jurisdiction require cosmetic devices to adhere or pass certain safety assessment standards?
    4. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic devices i.e., advertising regulations?  
    5. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products. Is there criminal liability for non-compliance?
    6. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform?
  3. Cosmetic (non-surgical) services 
    1. Is the administration of any/all of the cosmetic (non-surgical) services above regulated in your jurisdiction? If so, what national laws apply?
    2. Are there any rules in your national law which prevent an individual under the age of 18 (or other age as relevant) from receiving a particular non-surgical cosmetic service?
    3. Is botulinum toxin (BT) a prescription only drug in your jurisdiction? If so, who can prescribe BT in your jurisdiction i.e., what expertise or qualification is required to prescribe and/or administer BT?
    4. Does the (national) law require that businesses and/or practitioners administering these services register with a centralised body? Does this centralised body responsible handle in relation to non-surgical cosmetic services?
    5. Please set out at a high level the key enforcement mechanism and/or consequences for non-compliance in relation to the regulations discussed above. 
    6. Are there any national laws or regulations which are relevant to the advertising of non-surgical cosmetic services? If so, are third party booking platforms which allow consumers to book non-surgical cosmetic services also caught by these advertising laws or regulations?
    7. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 

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Peru
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Cosmetics & Supplements 

1. How are cosmetic products classified in your jurisdiction and what key national laws/regulations apply?  

The following laws and regulations on cosmetic products apply in Peru:

According to Article 2.26 of Decision No. 833, cosmetic products are considered to be any substance or formulation intended to be placed in contact with the superficial parts of the human body (epidermis, hair and capillary system, nails, lips and external genital organs) or with the teeth and oral mucosa, with the exclusive or main purpose of cleaning, perfuming, modifying or improving their appearance, protecting them, keeping them in good condition or correcting body odours.

Annex 1 of Decision No. 833 contains an indicative list of cosmetic products:

  1. Cosmetics for children.
  2. Cosmetics for the eye area.
  3. Skin cosmetics.
  4. Lip cosmetics.
  5. Cosmetics for body hygiene and grooming (also includes wet wipes, and antibacterial gels with a concentration of less than 70% alcohol) antibacterial gels with a concentration of less than 70% alcohol).
  6. Deodorants and antiperspirants.
  7. Hair cosmetics.
  8. Nail cosmetics.
  9. Perfumery cosmetics.
  10. Oral and dental care products.
  11. Shaving and aftershave products.
  12. Tanning, sun protection and self-tanning preparations.
  13. Depilatories.
  14. Skin lightening products.
  15. Insect repellent products that go on the skin.
  16. Others determined by the General Secretariat of the Andean Community by Resolution, by request and consensus of the Competent National Authorities of the Member Countries.

According to Article 4.2 of Law No. 29459, cosmetic products consist of sanitary products intended for personal cleanliness and protection; while medicines consist of pharmaceutical products intended for use in the prevention, diagnosis, treatment and cure of a disease; conservation, maintenance, recovery and rehabilitation of health.

2. Does the law in your jurisdiction place restrictions on particular substances in cosmetic products?

According to article 4 of Decision No. 833, cosmetic products marketed in the Andean Subregion must comply with international lists of ingredients that may or may not be incorporated into cosmetic products and their corresponding functions and restrictions or conditions of use.

The following are recognised for this purpose:

  • The lists and provisions issued by the Food & Drug Administration of the United States of America (FDA) that are applicable to them;
  • The lists of cosmetic ingredients of The Personal Care Products Council;
  • Directives or Regulations of the European Union that address cosmetic ingredients; and
  • The cosmetic ingredient listings of Cosmetics Europe - The Personal Care Association.

3. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic products and their safety placed on the market?

On the one hand, Article 23 of Law No. 29459 establishes that establishments engaged in the manufacture, import, export, storage, distribution, marketing, dispensation and dispensing of pharmaceutical products and sanitary products must be under the technical direction of a pharmaceutical chemist.

In this line, the pharmaceutical chemist who assumes the technical direction of a pharmaceutical establishment is responsible for the compliance with the quality requirements of the products that are manufactured, imported, exported, stored, distributed, dispensed or dispensed therein. It should be noted that the responsibility of the technical director is shared jointly and severally with the owner or legal representative of the establishment.

On the other hand, companies that market cosmetic products directly to the consumer are civilly and administratively liable for product defects and damages caused to the consumer, in accordance with articles 101 and 104 of the Code of Consumer Protection and Defence - Law 29571 and article 1970 of the Civil Code - Legislative Decree 295.

4. Does the law in your jurisdiction require cosmetic products to adhere or pass certain safety assessment standards?

According to the provisions of Article 5 of Supreme Decree Nº016-2011-SA, cosmetic products are required to obtain a Health Registration granted by the National Authority of Pharmaceuticals, Medical Devices and Sanitary Products (ANM) before entering the market. During the registration process, the Authority assesses that cosmetic products comply with the conditions of quality, efficacy and safety. This registration allows cosmetic products to be manufactured, imported, stored, distributed, marketed, marketed, promoted, dispensed, sold or used.

5. Are there any packaging requirements for cosmetics in your jurisdiction? What information must be included on packaging? 

In accordance with the provisions of Article 15 of Supreme Decree No. 016-2011-SA and Article 19 of Andean Community Decision No. 706, cosmetic product packaging must be safe and adequate to guarantee the user that the product maintains, during its useful life, the composition, quality and quantity declared by the manufacturer.

The following information must appear on the packaging:

  1. Trade name and brand name;
  2. Name(s) or business name(s) of the manufacturer(s);
  3. Name or business name of the holder of the Obligatory Health Notification or of the importer, as the case may be;
  4. Name of the country of origin;
  5. The nominal or net contents per package in weight, volume or units, as appropriate;
  6. The particular precautions for use, warnings, restrictions and conditions of use according to the product;
  7. The batch number or production coding system;
  8. The NSO code;
  9. The basic qualitative composition;
  10. The expiry date, for absorbent personal hygiene products for internal use; and,
  11. The special storage conditions as stated in the RSO.

6. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic products i.e., advertising regulations?  

In Peru, all advertising is regulated by Legislative Decree No. 1044, which establishes that commercial advertising must comply with the principle of truthfulness whereby the advertiser must have prior substantiation of all claims made. Likewise, Decision No. 833 establishes that the Competent National Authorities (Commission for the Control of Unfair Competition and the Specialised Court for the Defence of Competition of INDECOPI) shall verify in their control and surveillance actions that the advertising and promotion of cosmetic products do not attribute characteristics, properties or actions that they do not possess, or that exceed their cosmetic functions, or that indicate curative or therapeutic properties or health claims that mislead or confuse the consumer with another category of products.

7. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products.

The compliance control mechanism is embodied in the power of the National Authority of Pharmaceuticals, Medical Devices and Sanitary Products (ANM) to cancel the sanitary registration of a cosmetic product if it is found to be unsafe or ineffective in its use under the terms in which its registration was authorised. Also, according to article 13 of Supreme Decree No. 016-2011-SA, the sanitary registration will be cancelled when:

  • Any adulteration or falsification is detected in the declarations, documents or information submitted when applying for the Sanitary Registration, its modification or when applying for the sanitary registration certificate.
  • The observations made by the Authority on the documentation or technical information submitted when applying for registration or re-registration in the sanitary registry are not corrected.
  • Failure to submit the original or authenticated documents requested by the National Authority of Pharmaceuticals, Medical Devices and Sanitary Products within the term indicated by the Authority when the Authority requires verification of any original document.

From the administrative side, the competent authority, according to its scope, imposes administrative sanctions for infringements to Law No. 29459, Law on Pharmaceutical Products, Medical Devices and Sanitary Products, and to Supreme Decree No. 016-2011-SA, Regulation for the Registration, Control and Sanitary Surveillance of Pharmaceutical Products, Medical Devices and Sanitary Products, which are independent from any criminal sanctions that may be applicable. Likewise, the Commission for the Control of Unfair Competition and the Specialised Competition Chamber of the INDECOPI Court may impose administrative sanctions on a person or company for engaging in misleading advertising.

From the criminal side, first of all, we must point out that there is no criminal liability for non-compliance with the aforementioned regulations. However, non-compliance could indirectly lead to criminal risks. We specify that this does not mean that non-compliance with these regulations automatically leads to the commission of crimes, but rather that they may be connected to what is stated in each crime. To be more specific, we detail below:

Article 8 of Law 29459 (and related articles) establishes the obligation for products to have a sanitary registration. On the criminal side, the marketing of pharmaceutical products, medical devices or sanitary products without a guarantee of good condition is punished in article 294-B of the Penal Code, as follows:

Art. 294-B

Whoever sells, imports or markets pharmaceutical products, medical devices or sanitary products after their expiry date, or whoever stores, transports or distributes them in this condition in order to market them, shall be sentenced to imprisonment of not less than four nor more than eight years and a fine of one hundred and eighty to three hundred and sixty-five days.

In addition, the Penal Code establishes the criminal liability for those who cause serious or slight bodily harm to the body and health of a person, as follows:

Article 122.- Minor injuries 

  1. Anyone who causes injury to another person's body or physical or mental health which requires more than ten and less than twenty days of assistance or rest, according to medical prescription, or a moderate level of psychological damage, shall be sentenced to imprisonment for not less than two nor more than five years.
  2. The penalty shall be a term of imprisonment of not less than six nor more than twelve years if the victim dies as a result of the injury provided for in the preceding paragraph and the offender could have foreseen this result.
  3. The penalty of deprivation of liberty shall be not less than three nor more than six years and disqualification in accordance with Article 36 (5) and (11) of this Code and Articles 75 and 77 of the Code for Children and Adolescents, as appropriate, when:
    1. The victim is a member of the National Police of Peru or of the Armed Forces, a magistrate of the Judiciary, the Public Prosecutor's Office or the Constitutional Court or an elected authority by popular mandate or a civil servant and is injured in the exercise of his or her official duties or as a consequence thereof.
    2. The victim is a minor, an elderly adult or has a disability and the agent takes advantage of this condition.
    3. The victim is a woman and is injured because of her status as a woman, in any of the contexts provided for in the first paragraph of article 108-B.
    4. The victim was pregnant.
    5. The victim is the spouse; former spouse; cohabitant; former cohabitant; stepfather; stepmother; ascendant or descendant by consanguinity, adoption or affinity; collateral relative of the spouse and cohabitant up to the fourth degree of consanguinity and second degree of affinity; lives in the same household, provided that there is no contractual or employment relationship; or is the person with whom children have been procreated in common, regardless of whether or not they are living together at the time of the acts of violence, or the violence occurs in any of the contexts of numbers 1, 2 and 3 of the first paragraph of Article 108-B.
    6. The victim maintains any type of relationship of dependence or subordination, whether of authority, economic, care, employment or contractual, and the agent has taken advantage of this situation.
    7. Any type of weapon, blunt object or instrument that puts the victim's life at risk has been used to commit the offence.
    8. The offence was committed with malice aforethought or malice aforethought.
    9. If the agent acts in a state of drunkenness, with the presence of alcohol in the blood in a proportion greater than 0.25 grams-litre, or under the effect of toxic drugs, narcotics, psychotropic or synthetic substances.
    10. The victim is a health care professional or technician or auxiliary who carries out health care activities and is injured as a result of the exercise of their work in the public or private sphere. 

Article 121.- Serious injury 

Whoever causes serious bodily harm or damage to the physical or mental health of another shall be punished by imprisonment for a term of not less than four nor more than eight years. 

The following shall be considered serious injuries 

  1. Those that place the victim's life in imminent danger.
  2. Those which mutilate a limb or principal organ of the body or render it unfit for its function, cause a person to be unfit for work, invalid or permanently mentally handicapped or seriously and permanently disfigure him/her.
  3. Those that inflict any other damage to the bodily integrity, or to the physical or mental health of a person that requires twenty or more days of assistance or rest according to medical prescription, or a serious or very serious level of psychological damage is determined.

The psychological affectation generated as a consequence of the agent forcing another person to witness any form of intentional homicide, intentional injury or sexual violation, or not having been able to avoid this situation. When the victim dies as a result of the injury and the agent could have foreseen this result, the penalty shall be not less than six nor more than twelve years. In cases 1, 2 and 3 of the first paragraph, the custodial sentence shall be not less than six years and not more than twelve years when any of the following aggravating circumstances are present:

  1. The victim is a member of the National Police of Peru or of the Armed Forces, a magistrate of the Judiciary or of the Public Prosecutor's Office, a magistrate of the Constitutional Court, an authority elected by popular mandate, a civil servant or an administrative authority related to transport, land transit or complementary services related to such matters and is injured in the exercise of his or her functions or as a consequence of them. 
  2. The victim is a minor, an elderly adult or has a disability and the agent takes advantage of this condition.
  3. Any type of weapon, blunt object or instrument that puts the victim's life at risk has been used to commit the offence. 
  4. The offence was committed with malice aforethought or malice aforethought. 
    In this case, if the death is produced as a consequence of any of the aggravating circumstances of the second paragraph, a prison sentence of not less than fifteen nor more than twenty years shall be applied. 
  5. The victim is a health care professional or technician or auxiliary who carries out health care activities and is injured as a result of the exercise of their work in the public or private sphere.

In this case, if the death occurs as a consequence of any of the aggravating circumstances of the second paragraph, a prison sentence of not less than fifteen nor more than twenty years shall be applied.

8. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 

Bill No. 7688/2023-CR has been submitted to the Congress of our country, which proposes to prohibit the experimentation of any animal species in the cosmetic production process, being that any cosmetic product or substance that has been the product of the use of animals for testing and experimentation in its production, may not be imported, distributed, or offered within the National Territory. It is currently assigned to a commission of the Congress of the Republic to be analysed and commented on, before being voted on in the Plenary of the Congress. If approved by the Plenary of Congress, the bill is sent to the President of the Republic, who will review it and decide whether to enact it or make suggestions for changes. In the latter case, the bill will return to its respective commissions to be analysed and decide whether to adopt the changes, prior to its enactment.

9. Supplements are often used alongside cosmetics as part of an everyday beauty routine. What is a “supplement” product classified as in your jurisdiction and what key regulations apply?  

No specific regulation.

10. Do the regulations in your jurisdiction specify what can and cannot be put in supplement products? If so, what are some examples of these restrictions?

No specific regulation.

11. Does the law in your jurisdiction require a person or entity to be responsible for the supplements and their safety placed on the market?

No specific regulation.

12. Does the law in your jurisdiction require supplements to adhere or pass certain safety assessment standards before being place in the market? If so, are there any exceptions/particular extra requirements for certain products? 

No specific regulation.

13. Does the law in your jurisdiction require the responsible entity to keep records in relation to supplements made available to customers? If so, what are these records?

No specific regulation.

14. Are there any labelling or packaging requirements for supplements in your jurisdiction? What information must be included on the labelling/packaging? 

No specific regulation.

15. Is the advertising and promotion of Supplements allowed in your jurisdiction? If so, under what conditions? Are there any specific requirements or regulations for advertising and promotion?

Any advertising that does not infringe the provisions of Legislative Decree No. 1044 is permitted.

16. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regards to the supply of supplements

No specific regulation.

17. Do you expect any future developments in this field in your jurisdiction i.e. key areas of reform?

To date, no Bill has been introduced.                   


Beauty devices

1. Does your jurisdiction regulate cosmetic devices separately from cosmetic products?

In Peru, the term cosmetic device is not used, instead the term Sanitary Product is used, which includes cosmetic products. In that sense, our jurisdiction does not regulate sanitary products separately from cosmetic products.

The following laws and regulations apply to sanitary products:

  • Law No. 29459, Law on Pharmaceutical Products, Medical Devices and Sanitary Products.
  • Supreme Decree No. 016-2011-SA, Regulation for the Registration, Control and Sanitary Surveillance of Pharmaceuticals, Medical Devices and Sanitary Products.
  • Andean Community Decision No. 833, Harmonisation of Legislation on Cosmetic Products.

The regulatory body for sanitary products is the Directorate General of Medicines, Inputs and Drugs ‘DIGEMID’.

In Peru, the term cosmetic device is not used, the term Sanitary Product is used, which consists of any product intended for cleaning, care, modification of appearance, perfume and personal or domestic protection. It includes Cosmetic Products, Household Hygiene Products, Absorbent Personal Hygiene Products and Baby Articles. Likewise, the authorisation to market, import and export is done through the Compulsory Health Notification - NSO, does not include active ingredients and has no diagnostic purpose.

On the other hand, medical device consists of any instrument, apparatus, appliance, implement, machine, in vitro reagent or calibrator, software, material or other similar or related article, intended by the manufacturer to be used for human beings, alone or in combination, for one or more of the following specific purposes:

  • Diagnosis, prevention, monitoring, treatment or alleviation of a disease.
  • Diagnosis, monitoring, treatment, alleviation or compensation of an injury.
  • Investigation, replacement, modification or support of anatomy or physiological process.
  • Life support or maintenance.
  • Conception control.
  • Disinfection of medical devices.

The authorisation to market, import and export is carried out through the Health Registration authorisation procedure.

All of the products listed above are considered medical devices and therefore require a Health Registration.

2. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic devices and their safety placed on the market?

Article 23 of Law No. 29459 establishes that establishments engaged in the manufacture, import, export, storage, distribution, marketing, dispensation and dispensing of pharmaceutical products and sanitary products must be under the technical direction of a pharmaceutical chemist.

In this line, the pharmaceutical chemist who assumes the technical direction of a pharmaceutical establishment is responsible for the compliance with the quality requirements of the products that are manufactured, imported, exported, stored, distributed, dispensed or dispensed therein. It should be noted that the responsibility of the technical director is shared jointly and severally with the owner or legal representative of the establishment.

On the other hand, companies that market cosmetic products directly to the consumer are civilly and administratively liable for product defects and damages caused to the consumer, in accordance with articles 101 and 104 of the Code of Consumer Protection and Defence - Law 29571 and article 1970 of the Civil Code - Legislative Decree 295.

3. Does the law in your jurisdiction require cosmetic devices to adhere or pass certain safety assessment standards?

In Peru the sanitary products require the Compulsory Health Notification – NSO, which is the authorisation to market, import and export these products.

4. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic devices i.e., advertising regulations?  

In Peru, all advertising is regulated by Legislative Decree No. 1044.

5. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products. Is there criminal liability for non-compliance?

To the fact that in Peru, the term “cosmetic device” is not used, instead the term “Sanitary Product” is used, which includes cosmetic products; the regulatory application mechanism would consist of what is detailed in question 7 of the Cosmetics and Supplements section.

6. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform?

To date, no Bill has been introduced. 


Cosmetic (non-surgical) services 

1. Is the administration of any/all of the cosmetic (non-surgical) services above regulated in your jurisdiction? If so, what national laws apply?

For the Botulinum toxins / Fillers applies the Law No. 31014 - Law that regulates the use of modelling substances in body treatments for aesthetic purposes and defines such procedure as a medical act.

Additionally, the Code of Consumer Protection and Defence is generally applied, establishing suitability as the main characteristic, this is, the correspondence between the information provided by the supplier and the service finally provided to the consumer.

2. Are there any rules in your national law which prevent an individual under the age of 18 (or other age as relevant) from receiving a particular non-surgical cosmetic service?

The article 140 of the Civil Code establishes that a capable agent is required to enter into a contract. Likewise, article 44 of the aforementioned Code establishes that persons over 16 and under 18 years of age are restricted in their capacity of exercise, and therefore, in order to enter into a contract, the object of which is a non-surgical cosmetic service, they require the participation of a legal representative (guardian, curator or the person exercising parental authority).

3. Is botulinum toxin (BT) a prescription only drug in your jurisdiction? If so, who can prescribe BT in your jurisdiction i.e., what expertise or qualification is required to prescribe and/or administer BT?

Botulinum toxin (BT) is a Biological Product, the prescription of which is the sole responsibility of the specialist surgeon. It should also be noted that the administration of botulinum toxin is a medical act, which is why the person who administers it must be a surgeon specialising in plastic surgery, dermatology, ophthalmology, head and neck surgery, otorhinolaryngology, gynaecology or urology, duly registered and with the registration of the speciality, qualified to perform aesthetic treatments in the topographical anatomical area that corresponds to each speciality, as well as a duly registered surgeon with at least two years of university postgraduate studies at master's level in aesthetic medicine, qualified to perform non-invasive and minimally invasive non-surgical procedures, in accordance with the Article 4 of Law No. 31014 - Law that regulates the use of modelling substances in body treatments for aesthetic purposes and defines such procedure as a medical act.

4. Does the (national) law require that businesses and/or practitioners administering these services register with a centralised body? Does this centralised body responsible handle in relation to non-surgical cosmetic services?

In the case of cosmetic services that are qualified as medical acts, such as the administration of botulinum toxin, Article 4 of Law 31014 establishes that the person who administers it must be a surgeon specialising in plastic surgery, dermatology, ophthalmology, head and neck surgery, otorhinolaryngology, gynaecology or urology, duly registered and with the registration of the speciality, qualified to perform aesthetic treatments in the topographical anatomical area that corresponds to each speciality, as well as a duly registered surgeon with at least two years of university postgraduate studies at master's level in aesthetic medicine, qualified to perform non-invasive and minimally invasive non-surgical procedures, and that it must be applied in a health establishment duly qualified by the Ministry of Health.

In this case, health facilities, also known as Institutions Providing Health Services (IPRESS) in accordance with Article 7 of Legislative Decree No. 1158, are within the scope of competence of the National Superintendence of Health (SUSALUD), in accordance with Article 3 of Supreme Decree No. 008-2014-SA. In such sense, the agency responsible for managing claims related to these services is the National Superintendence of Health (SUSALUD), a specialized technical agency attached to the Ministry of Health (MINSA).

In the case of cosmetic services that are not qualified as medical acts, the companies and/or professionals that administer these services are not required to register with a centralized agency. In this case, consumer complaints about such services may be filed with the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).

5. Please set out at a high level the key enforcement mechanism and/or consequences for non-compliance in relation to the regulations discussed above. 

According to article 4 of Law No. 31014, in the case of cosmetic services that are qualified as medical acts, it is prohibited and sanctioned those persons who, without being a specialist surgeon, or without the required university specialisation or post-graduate studies, perform the medical acts indicated in the Law. Also, according to Article 10 of the same Law, the Ministry of Health, through the General Directorate of Medicines, Supplies and Drugs (DIGEMID) and SUSALUD, within the scope of their competences and functions, monitor, control and supervise compliance with the Law, and sanction non-compliance with its provisions.

6. Are there any national laws or regulations which are relevant to the advertising of non-surgical cosmetic services? If so, are third party booking platforms which allow consumers to book non-surgical cosmetic services also caught by these advertising laws or regulations?

In Peru, there is no law specifically regulating the advertising of non-surgical cosmetic services. Notwithstanding, all advertising is regulated by Legislative Decree No. 1044.

According to Legislative Decree No. 1044, the means of social communication through which an advertisement is disseminated may also be administratively liable for such advertisement, to the extent that it violates broadcasting rules that regulate, condition or prohibit the communication of certain contents or the advertising of certain types of products.

7. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 

By means of Ministerial Resolution Nº 209-2024/MINSA, the Draft Regulation of Law No. 31014 were pre-published in order to receive suggestions, comments or recommendations from public or private entities, and from the general public. The deadline for submitting comments has expired to date.

The Draft Regulation specifies in article 11 which health establishments are authorised to perform the body treatments detailed in Law No. 31014, stating that these must at least:

  1. Be registered in the National Registry of Institutions Providing Health Services (IPRESS).
  2. Be categorised in accordance with the provisions of the Regulation on Health Establishments and Medical Support Services.
  3. Have a portfolio of health services approved by the competent authority, updated and published, which must include the health services related to Law No. 31014.

In addition, the Draft Regulation mentions that the Technical Guide for the attention of iatrogenic allogeneic   patients will be approved.