Claims on cosmetic products, or declarations of properties, play a crucial role in the marketing of these products. Current legislation, particularly Regulation (EU) No 655/2013, regulates the standards and criteria that claims on cosmetic products must meet. These claims must comply with current legislation to ensure the truthfulness and legality of the marketing of products.
These claims refer to statements made by manufacturers about the efficacy, characteristics or benefits of a cosmetic product, with the aim of influencing consumers' purchasing decisions.
In the European Union, Regulation 655/2013 establishes the common criteria that cosmetic product claims must meet, ensuring that they are clear, truthful and not misleading. In this article, we will explore in depth the regulatory framework for cosmetic claims and how it affects the industry.
Introduction to Claims in Cosmetic Products
Claims in cosmetic products are statements that describe the properties or benefits of a product. These may include aspects such as:
• Prolonged hydration .
• Wrinkle reduction .
• Improves skin tone .
• Sun protection .
Such claims are essential to differentiate a product from the competition and communicate its added value to the consumer. However, in the European Union , there is strict regulation that establishes how these claims must be formulated in order to avoid practices that are misleading or deceptive to consumers. It is crucial to provide consumers with true and clear information about the characteristics and effectiveness of cosmetics.
Regulation 655/2013: Common Criteria for Cosmetic Claims
Regulation (EU) No 655/2013 establishes common criteria and essential elements for the justification of claims made on cosmetic products.
Regulation 655/2013 defines these elements, ensuring that claims are truthful and supported by appropriate testing.
This regulation applies to all claims appearing on labelling, packaging, marketing and advertising materials, as well as in online communication.
The main objective of this regulation is to ensure that claims are:
• Truthful .
• Justified with evidence .
• Not misleading .
• Clearly understandable by the consumer .
Furthermore, this regulation promotes fair competition between cosmetic product manufacturers, ensuring that claims about the efficacy of products are supported by scientific evidence and are not misleading.
The Six Key Criteria of Regulation 655/2013
The regulation sets out six key criteria that all claims on cosmetic products must meet. These criteria ensure that the claims made about a product are consistent, verifiable and not misleading.
1. Legal Compliance
The first criterion states that claims must not contravene current regulations, such as Regulation (EC) No 1223/2009 and Regulation 655/2013. For example, claims suggesting that a cosmetic product has curative or medical properties are prohibited, as such claims are reserved for medicines.
2. Truthfulness
All claims must be based on facts and a truthful claim. If a product contains an ingredient in a minimal concentration, a disproportionate claim cannot be made about the impact of that ingredient. For example, if a product contains 0.01% aloe vera extract, the amount or benefits of aloe vera should not be exaggerated in the product's advertising.
3. Efficacy Tests
Claims must be supported by scientific evidence or experimental data. Companies must be able to demonstrate that the product has the effects it claims. This may include clinical studies, laboratory evaluations, or consumer tests that demonstrate the product's effectiveness under specified conditions.
4. Honesty
Claims must be honest and must not give a false impression about the product or its effects. For example, if a cosmetic includes a patented technology, advertising must clarify what the real benefit of that technology is and not make exaggerated claims that could mislead the consumer.
5. Clarity for the Consumer
Claims should be clear and understandable to the average consumer. Claims should be expressed in plain language and avoid jargon that could confuse. In addition, claims should not be made that a cosmetic product has benefits beyond what it can reasonably offer.
6. Fairness in Competition
Claims should not disparage other products or exaggerate differences with competitors. The aim is to promote an environment of fair competition in which claims are based on product quality and not on misleading comparisons.
Types of Claims in Cosmetic Products
There are several types of claims used on cosmetic products to highlight their properties and benefits. The most common types are described below:
1. Functional Claims
These claims refer to the tangible effects the product has on the skin, hair, or other parts of the body. For example, “visibly reduces wrinkles,” “hydrates skin for 24 hours,” or “broad-spectrum UV protection.”
2. Sensory Claims
This type of claim focuses on the sensations that the product provokes during use, such as texture or aroma. Examples include: "immediate feeling of freshness" or "light texture that is absorbed quickly."
3. Ethical or Environmental Claims
More and more consumers are looking for products that are environmentally friendly or not tested on animals. Claims such as "vegan product", "cruelty-free" or "recyclable packaging" are becoming more and more common.
4. Claims Based on Ingredients
These types of claims highlight the presence of specific ingredients in the product, such as “with hyaluronic acid” or “contains aloe vera extracts”. The term ‘term’ is used in this context to describe claims made about ingredients, seeking to enhance the properties of the product and attract the attention of the consumer.
5. Claims Free of
Claims indicating the absence of certain ingredients, such as "paraben-free," "sulfate-free," or "silicone-free," are popular among consumers looking to avoid certain ingredients in their cosmetics.
Scientific Evidence to Support the Claims
One of the main requirements of Regulation 655/2013 is that all claims must be supported by adequate scientific evidence. This may include:
• Clinical studies : Controlled tests on consumer groups that demonstrate the effectiveness of the product under real-life conditions of use.
• Laboratory evaluations : Technical analyses that validate the properties of the product or its ingredients.
• In vitro testing : Laboratory experiments on cells or tissues to measure the effect of certain ingredients.
• Consumer evaluations : Surveys or user tests conducted with consumers to obtain their opinion on the product and its effects.
It is important that the evidence is relevant and designed to support the specific claims made about the product. It must also be available to the relevant authorities in the event of a review. Scientific evidence is crucial to support claims in the cosmetics industry.
Claims Control and Market Surveillance
Competent authorities in each EU Member State are responsible for monitoring compliance with the regulations on cosmetic product claims. This includes reviewing product labelling and advertising to ensure that claims are truthful and substantiated.
If misleading claims or claims not supported by sufficient evidence are detected, authorities may require that the product be withdrawn from the market or that the claims be modified to comply with regulations.
Consequences for the Cosmetics Industry
The regulation of claims on cosmetic products has raised the bar for companies in the sector. It is no longer enough to highlight the properties of a product in an attractive way; it is now necessary to support each claim with solid scientific evidence and ensure that the claims are clear, honest and understandable to the consumer.
This regulatory environment has led companies to invest more in research and development to justify their claims, which in turn has driven innovation in the cosmetics industry. Furthermore, transparency and accuracy in claims have improved consumer confidence in cosmetic products available in the market.
Conclusion
Cosmetic product claims are a powerful marketing tool, but they must comply with Regulation 655/2013 to ensure that they are truthful, fair and supported by scientific evidence. The regulation ensures that consumers are not misled by false or exaggerated claims and that companies compete fairly in the European market. By complying with the criteria set by this regulation, companies can improve consumer confidence and promote transparency in the cosmetics sector.
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