Claims ingredients

Making bold claims can help your cosmetic product stand out, but misleading or exaggerated statements may result in regulatory issues, consumer mistrust, and legal risks. Here we explore common pitfalls in cosmetic claims and share expert tips to ensure messaging remains compelling and compliant.

Key Takeaways

  • Cosmetic claims help your products stand out
  • Misleading claims can lead to legal, financial, and regulatory consequences
  • Ensure proper substantiation is available and reviewed for any claim that will be made
  • Recommend to work with a claims expert or outside regulatory partner to receive an unbiased opinion on all claims before product launch

What you need to know

  • When making Cosmetic claims brands should consider
  • Legal compliance
  • Truthfulness
  • Evidential support
  • Honesty
  • Fairness
  • Informed decision-making

In the US, the Food and Drug Administration (FDA), Federal Trade Commission (FTC), and National Advertising Division (NAD) oversee cosmetic product claims and have the authority to take action when necessary.  However, claims are often scrutinized in other ways such as by competitors, by consumers on social media platforms, and through lawsuits and class actions. 

Common Pitfalls to Avoid When Making Claims

  • Overshowcasing ingredients: Claiming significant benefits from ingredients present only in trace amounts or below effective levels in the finished product. Additionally, mentioning ingredients that are clearly not permitted in a given market or not referencing the exact ingredient used in your product.
  • Overpromising product performance and results: Cosmetic claims that are borderline drug claims, suggesting effects beyond cosmetic use, such as modifying the skin’s structure, treating conditions, or offering therapeutic benefits.  The terms of “Acne”, “Muscle Soreness”, “Pain”, and generally any mention of treating disease, and permanent results should all be avoided.
  • Claims related to lifestyle choices, personal values, and beliefs that are not worded carefully: Some of the common examples are – vegan, halal, natural, organic, sustainability etc. Such claims help consumers make informed choices but should not suggest any benefits beyond the factual information provided.
  • Lack of scientific substantiation: Manufacturers and brands often lack effective methods to substantiate their claims. In some instances, the results may not be statistically significant enough to support the claimed benefits or the testing doesn’t match the final claims.  Consumer or clinical studies may involve a small sample size that is too small, and the demographics of the participants may not be representative of the product’s intended audience. Additionally, the supporting documentation may be poorly organized or stored.
  • Ignoring regional regulations and cultural differences: Lack of due diligence from brands to check claims permissible in one country is allowed in another. For example, the FDA in the U.S. may have different guidelines than the EU’s Cosmetic Regulation or claims in one country may not resonate or mean the same thing in another country.
  • Misleading marketing tactics and risk: Deceptive advertising practices, such as using  digitally altered before-and-after photos or implying more than you can substantiate or legally claim can risk brand trust.
  • Overlooking adverse reactions: Failing to monitor adverse reactions can create a communication gap with consumers. If a product claim is directly linked to adverse reactions, it can result in consumer mistrust.

Definitions

Cosmetic: The Federal Food, Drug, and Cosmetic Act (FD&C Act) defines cosmetics as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.

Impact

Claims compliance gaps can result in a variety of issues such as:

  • Legal consequences
  • Regulatory actions by governing bodies
  • Loss of retail partnerships
  • Financial losses
  • Damage to brand image
  • Consumer mistrust

Our expert advice

Ithos expert advice

We recommend reviewing your existing claims management program for all products, and ensuring compliance by focusing on the key points outlined below.

Claims Reviews – Contact Ithos!

Our Regulatory Team can conduct a thorough review of your product claims to provide an unbiased opinion of gaps and updates that may be required

Here are some important steps to consider:

  • Stay informed about regulations and country-specific guidelines for claims.  
  • Review your formula ingredient claims along with all other product claims for what is meant literally and implied.
  • Review all the existing substantiation and, if necessary, consider gathering additional support.
  • Keep your legal team informed and involved in the claims process for your products.
  • Ensure all the substantiation support is well organized and easily retrievable when requested by authorities. Consider using a system like Ithos for managing these documents.
  • Ensure all claims are truthful, not misleading, and clearly communicated to consumers.
  • Work with experts such as Ithos for compliance guidance and to gain an outside, and unbiased opinion.
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