Cosmetic claims: What is allowed?
For a product to be successful on the market, it must not only stand out for its effectiveness and safety, it must also explain what it can do. But the choice of product claims must not be made arbitrarily. Anna-Maria Kauschke explains which laws and regulations must be observed in Europe.
Additionally, to the function and formulation of a cosmetic product, the claims are one of three main elements that characterise a cosmetic product. By means of meaningful and trendy claims, manufacturers try to distinguish their product from others in the best possible way to emphasise the special product properties. Clever claims can be used to influence the customer’s purchase decision in a targeted manner, but what is actually allowed to be praised? Can you simply write anything you want on it in order to present the product as well as possible?
So, what do you have to bear in mind when using claims? Of course, you can’t just write anything you want on it. Article 20 of the EU Cosmetics Regulation VO (EU) 1223/2009 regulates the prohibition of misleading advertising, therefore all claims are allowed as long as they do not violate this article i.e., as long as they do not mislead the consumer.
Directives
The Regulation (EU) 655/2013, also commonly referred to as the ‘Claims Regulation’, provides guidance for the creation of claims. This regulation summarised common criteria for substantiating advertising claims. This is intentionally not a exhaustive list with examples in which the exact wording is specified, but general criteria that must be observed.
Common criteria that should be observed when formulating claims:
- legal compliance
- truthfulness
- evidence support
- honesty
- fairness
- sound decision-making (allow informed decisions)