Cosmetic claims in the UK refer to statements made by cosmetics manufacturers or marketers about the effects or benefits of their products. These claims are crucial to attract consumers, but they must meet strict requirements of veracity and scientific support to avoid misleading or unethical practices.
Following Brexit, although regulations in the UK have largely aligned with previous EU regulations, there are important differences to consider regarding cosmetic product claims.
Table of contents
1. Legislation Applicable to Claims in the United Kingdom
Cosmetic product claims in the UK are mainly regulated under the following regulations:
UK Cosmetics Regulation : Adapted from Regulation (EC) No 1223/2009 of the European Union, it sets out the general rules for cosmetic products in the United Kingdom, including rules for claims.
Cosmetic Products Enforcement Regulations 2013 (amended) : These regulations govern the safety and marketing of cosmetic products in the United Kingdom and also cover the control of claims.
In addition to the specific regulations for cosmetics, claims are also subject to the Consumer Protection Act and the Misleading Advertising Act , which prohibit fraudulent or misleading marketing practices.
2. Types of Claims in Cosmetic Products
There are different types of claims that cosmetics manufacturers can use to highlight the benefits of their products, but all claims must be justified and verified:
Functional claims : These are statements related to the effectiveness of the product. For example, "reduces wrinkles", "moisturizes for 24 hours" or "eliminates stains".
Sensory claims : These refer to the user experience, such as "light formula", "smooth texture" or "refreshing smell".
Claims of natural or sustainable origin : Such as "100% natural", "vegan", "biodegradable" or "cruelty-free".
Safety claims : These refer to the absence of certain ingredients, such as "paraben-free," "sulfate-free," or "hypoallergenic."
Ethical claims : These may include statements about the production process, such as "cruelty-free," "sustainable," or "animal welfare approved."
3. Requirements for Cosmetic Product Claims in the United Kingdom
To ensure that cosmetic product claims are transparent and verifiable, UK regulations set out criteria that must be met:
Truthfulness and non-deception : Every claim must be honest and must not mislead consumers. This means that any claims about the benefits of the product must be accurate and reflect the actual results of using the product. For example, a product cannot be claimed to be "anti-wrinkle" if there is no evidence to support this.
Scientific evidence : Claims must be supported by scientific evidence or clinical studies that demonstrate the effects of the product. This is especially important for functional claims, such as "reduces wrinkles" or "lightens skin." Companies must have documentation available to support the claims made about their products.
Testing and documentation : The manufacturer must retain all studies, tests, and data necessary to support the claims. This documentation should include clinical trial results, consumer studies, or scientific data supporting the product's efficacy.
Do not disparage the competition : Claims should not disparage other brands' products or suggest that competing products are unsafe or ineffective.
Ingredient-free claims : Claims that a product is “free of” certain ingredients, such as “paraben-free” or “sulfate-free,” must be clear and not misleading. Additionally, the product must not contain any alternative ingredients that may have similar effects to the ingredients it is claimed not to contain.
Environmental and ethical claims : Environmental or ethical claims, such as “sustainable,” “eco-friendly,” or “cruelty-free,” must also be supported by verifiable evidence and should not be vague or ambiguous. In the case of “cruelty-free” products, this means complying with UK regulations on animal testing.
4. Advertising Standards Agency (ASA) Claims Guide
The Advertising Standards Authority (ASA) is the body responsible for monitoring advertising in the UK and ensuring that advertising claims comply with current laws and regulations. The ASA regulates the way cosmetic products are promoted in advertising media, including television, print and online.
Advertising claims must be verifiable, honest and not misleading.
Claims of efficacy must be based on solid scientific evidence.
Penalties for misleading claims include bans on certain advertisements and monetary penalties.
5. Examples of Common Claims and their Regulation
"Anti-wrinkle" : This type of claim must be supported by clinical studies demonstrating that the product effectively reduces the appearance of wrinkles after continued use.
"Dermatologically tested" : Indicates that the product has been tested on human skin, but does not necessarily imply that it is safe for all people, so the group of people on which it was tested must be specified.
"Hypoallergenic" : Implies that the product has a lower risk of causing allergic reactions, but must be supported by skin and allergy tolerance studies in representative test groups.
"Natural" or "100% organic" : To make this claim, the product must contain ingredients that come from natural sources, without significant artificial chemical processes, and must meet certification standards that support this claim.
6. Post-Brexit Implications
Following Brexit, although UK regulations are largely based on EU rules, businesses need to be aware of some important differences:
Cosmetic products marketed in the UK must comply with specific UK regulations and not just EU regulations.
Advertising and claims must comply with the requirements of the UK Cosmetics Regulations and be supported by verifiable evidence.
Companies operating in both markets (EU and UK) must ensure that their products comply with the regulations of each territory, as the rules and control systems are independent.
Conclusion
Claims on cosmetic products in the UK are subject to strict regulations to ensure consumer protection and prevent misleading marketing practices.
Companies must support all claims about the efficacy, safety or characteristics of their products with solid, documented scientific evidence.
In addition, post-Brexit, companies must pay particular attention to the differences in UK regulations compared to the EU, ensuring that claims comply with the specific regulations of each market.
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