Product claims

For a product to be successful placed 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.

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.

Article 20 of the EU Cosmetics Regulation (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.

The Regulation (EU) 655/2013, also commonly referred to as the ‘Claims Regulation’, provides guidance for the creation of claims. It applies to claims in the form of texts, names, trademarks, pictures and figurative or other signs that convey explicitly product characteristics or functions in the labelling. This regulation summarised common criteria for substantiating advertising claims. This is intentionally not an 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)

A claim is demonstrable if there is sufficient verifiable evidence that is consistent with the claim. It must therefore be proven.

Such evidence must also be listed in the Product Information File. According to Article 11 of the EU Cosmetic Regulation, the product information file must contain evidence of the effect claimed for the cosmetic product if this is justified by the nature of the cosmetic product or its effect.