Cosmetic claims are one of the defining elements of a cosmetic product and an important marketing tool for positioning and differentiating products on the market, giving consumers a wide range of information about a product’s characteristics and qualities.
Whether on the product label or in promotional material, cosmetic claims are everywhere. That is why this communication must be regulated: it has to be useful, understandable and reliable, so consumers can make informed choices. The ultimate goal is to protect them from misleading claims about the efficacy and other characteristics of cosmetic products.
Article 20 of Regulation (EC) No 1223/2009 is very clear on this point and states that:
“In the labelling, making available on the market and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have.”
To ensure the same principles apply throughout the European Union, the European Commission, in cooperation with the Member States, set out six common criteria for the justification of claims used in relation to cosmetic products. They have applied since 11 July 2013 through Regulation (EU) No 655/2013:
Legal compliance;
Truthfulness;
Evidential support;
Honesty;
Fairness;
Informed decision-making.
More recently, with the Covid-19 pandemic and the rise in alcohol-based hand hygiene products, the Commission also saw the need to specify which product claims would not justify classifying leave-on hand sanitizer gels as cosmetic products, and published a new technical document on the subject.
It is the responsible person’s duty to ensure that the message communicated meets these criteria and is properly backed by reliable, relevant and robust evidence.