Guide to Cosmetic Claims Compliance Under Cosmetic Claims Legislation

For cosmetic products sold in the UK and EU, claims are primarily governed by the Cosmetics Claim Regulation, which sets out the Common Criteria for cosmetic claims. These rules apply to all claims, regardless of where they appear, including:

• Product packaging

• Labels

• Websites

• Social media

• Advertisements

• Marketplace listings (Amazon, eBay, etc.)

• Brochures and sales materials

The fundamental principle is simple, all cosmetic claims must be truthful, fair, supported by evidence, and must not mislead consumers.

What Is a Claim?

A claim is any statement, image, symbol, presentation or implication that communicates information about a cosmetic product's characteristics, ingredients, function, performance or benefits. Examples include:

• "Moisturises for 24 hours"

• "Suitable for sensitive skin"

• "Cruelty-free"

• "Contains 2% hyaluronic acid"

• "Clinically proven"

• "Natural"

• "Dermatologically tested"

• "Reduces the appearance of wrinkles"

Even images, colours, logos and product names may constitute claims if they imply a benefit.

The Six Common Criteria

Every cosmetic claim must satisfy all six legal criteria as set out in the applicable legislation.

1. Legal Compliance: Claims must not imply that the product has characteristics that are simply required by law.

2. Truthfulness: Claims must accurately reflect the product's composition and characteristics.

3. Evidential Support: Every claim must be supported by adequate, reliable, and verifiable evidence before the product is marketed. The amount of evidence required depends on the strength of the claim. The stronger the claim, the stronger the evidence required.

4. Honesty: Claims must represent the product honestly and must not exaggerate results beyond supporting evidence.

5. Fairness: Claims must be fair to both consumers and competitors. The legislation prohibits denigrating competing ingredients or products. If the claim implies competing products are unsafe when the ingredients are legally permitted and considered safe. Comparative claims must also be fair.

6. Informed Decision-Making: Claims should help consumers make informed purchasing decisions. They must not create confusion, exploit consumer fears, mislead about safety. Consumers should be given accurate information that helps them compare products objectively.

Borderline Claims: Medicines and Biocides

Cosmetics may only claim cosmetic functions. A cosmetic product is intended to:

• Clean

• Perfume

• Protect

• Maintain in good condition

• Change appearance

• Correct body odours

Once claims go beyond these purposes, the product may become a medicine or biocide.

Medicinal claim examples:

❌ Treats eczema

❌ Heals psoriasis

❌ Cures acne

❌ Anti-inflammatory treatment

❌ Treats dermatitis

Biocidal claim examples:

❌ Kills bacteria

❌ Eliminates viruses

❌ Antimicrobial protection

❌ Disinfects skin

These may bring the product into scope of biocidal legislation.

SUMMARY

The evidence should clearly demonstrate how each claim has been justified. Before using a claim, ask:

✅ Is the statement true?

✅ Can I prove it?

✅ Is the evidence relevant to the finished product?

✅ Would an average consumer understand it correctly?

✅ Does it avoid implying medicinal or biocidal effects?

✅ Does it avoid disparaging competitors?

✅ Would I be comfortable defending the claim before Trading Standards, the CMA, or another enforcement authority?

If the answer to any of those questions is "no", the claim should be revised before use, or you should consider obtaining further substantiation.