Product claims in cosmetics

What is a claim

Claims can be expressed in the form of texts, names, trademarks, pictures and figurative or other signs that convey explicitly or implicitly product characteristics or functions in the labelling, the making available on the market and advertising of cosmetic products. It shall apply to any claim, irrespective of the medium or type of marketing tool used, the product functions claimed, and the target audience.

Who is responsible for making correct claims

The cosmetic claim regulation EC 655/2013 states that the Responsible Person is responsible. They shall ensure that the claims are in compliance with the Common Criteria described in this cosmetic claim regulation. This includes both the wording and the proof of efficacy.

What are the common criteria for cosmetic claims

1. Legal compliancy
2. Truthfulness
3. Evidential support
4. Honesty
5. Fairness
6. Informed decision-making

Examples of claims that can be made

• Claiming a product contains a specific ingredient is allowed, if the ingredient is indeed present.
• Claims that explicitely or implicitaly state ingredient properties to the finished product are allowed, if this is supported by adequate and verifiable evidence (such as by demonstrating the presence of the ingredient at an effective concentration).

Examples of claims that cannot be made

• Claims that indicate a product has been authorised or approved by a competent authority within the Union.

• Claims which convey the idea that a product has a specific benefit when this benefit is merely in compliance with minimum legal requirement.

  For example: claiming that a product does not contain hydroquinone is not allowed, because hydroquinone is banned in the EU cosmetics legislation, so nobody is allowed to use it in their products.

• Claims referring to the properties of a specific ingredient cannot imply that the finished product has the same properties when it does not.

  E.g. claiming that a product contains hydrating Aloe Vera (or even a picture implying the hydrating properties of aloe vera) is not allowed if the end product is not specifically hydrating, even though the ingredient aloe vera is hydrating.

• Expressions of opinions cannot be presented as verified claims, unless the opinion reflects verifiable evidence.

• Claims attributing a specific characteristic to the product are not allowed when similar products possess the same characteristic.

• Claims that explicitly denigrate competitors or legal ingredients.

  for example: claiming 'this product does not contain this irritating ingredient' is not allowed if the ingredient is legally used, because it denigrates the ingredient.

• Claims that create confusion with the product of a competitor.

Verifying claims

Any claims for cosmetic products, whether explicit or implicit, have to be supported by adequate and verifiable evidence. The same goes when presenting the product’s performance. The assesment of the acceptibility of a claim is based on the weight of evidence of all studies, data and information available. This is also dependent on the nature of the claim and the prevailing general knowledge of the end users.

Types of verification

There are different methods to verifying and substantiating claims, that are also described in the Commission Regulation (EU) No 655/2013. The main methods are:

• Quantative studies: experiments
• Using information from scientific data and market data
• Qualitative studies: e.g. gathering consumer opinions from questionnaires or interviews The appropriate method depends on the type of claim made.
  For example, if a product claims that 90% of consumers love the product, this needs to be verified by conducting a qualitative study on the opinion of consumers. For other claims like when a product ‘reduces wrinkles’ performing a quantative study is more appropriate.

Requirements regarding claim evidence

There are a couple of requirements that evidence needs to meet:

• The evidence needs to take into account the state of the art practices.
• When studies are being used as evidence these studies:
  • need to be relevant to the product.
  • need to follow well-designed and well-conducted methodologies that are valid, reliable and reproducible.
  • need to respect ethical considerations.
• The level of evidence or substantiation needs to be consistent with the type of claim being made (this goes in particular for claims where lack of efficacy may cause a safety problem)

When is claim verification not necessary

There are only two exceptions to the rule that every claim needs to be verified or substantiated.

• Claims that are clearly exaggerated and which are not to be taken literally by the average end consumer do not need to be verified e.g. "this perfume gives you wings".
• Statements of an abstract nature do not need to be verified either.

Examples of claims:

Product claim: Hypoallergenic

Product claim: Vegan

Product claim: Halal

Product claim: Dermatologically tested