Claims Review

The EU Regulation 1223/2009 and Article 20 of the UK Cosmetics Regulation (EC) No. 1223/2009 (UKCR) are the laws that regulate the claims that are put forward by Cosmetic manufacturers to educate about the benefits they will get after using the product. It is important to follow certain guidelines while crafting the claims message to avoid complicated regulatory hurdles and ensure smooth market access. Read more to know the common criteria laid out by both laws.

When you are about to launch your cosmetic product in the market, then putting forward claims in front of your target consumers is an obvious step forward to market your device. They are commonplace on packaging, marketing content, and every other form of communication to establish trust with your end consumer.

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What is a Claim?

A claim is a statement put forward by cosmetic product manufacturers or sellers regarding the potential benefits that users of cosmetics will get after using them. They can be general quality characteristics or specific performance attributes. Examples include “improved hair growth”, “reduced wrinkles” etc Claims include all written, visual material (images, or symbols) used by a brand to present the characteristics of a cosmetic product. regulated by the EU Regulation 1223/2009.

Claim Regulations for the EU & UK and their objectives

Claims in the European Union are regulated by EU Regulation 1223/2009 respectively and Article 20 of the UK Cosmetics Regulation (EC) No. 1223/2009 (UKCR) regulates the same and largely originates from the European Regulation above.
There are six Common Criteria for cosmetic claims that apply to both the UK and the EU, and all of these must be taken into consideration 
  • Legal Compliance
  • Truthfulness
  • Evidential Support
  • Honesty
  • Fairness
  • Informed Decision-Making

Why should you comply With Claim Regulations specific to the geography?

  • To Avoid a change of category
  • Putting forward claims that are honest, acceptable, and accurate is an important check to avoid the change of categorization of your product (and signing up for a tougher regulatory route).
  • Ease of Market Access
  • Reviewing your claims to the standards and regulations of the Country will help you move forward in the market with ease.
  • Damage in Reputation
  • Regulators have the right to recall products from the retail market which can hamper your brand’s reputation in the market. Earning the trust of end consumers and distributors all over again is a long process.
    In the best case, these sensitive & crucial tasks should be left to experienced regulatory consultants who have the relevant experience.
    The purpose of the claim regulations are:
  • to protect the end consumers from misleading commercial practices that can result in their economic or health loss.
  • To foster competitiveness and innovation in the Market
  • Let’s understand the common criteria stated by both the European Union and the United Kingdom.

Common Compliance Criteria for Cosmetics

Here are the common compliance criteria for both the EU and the UK which are to be followed to market your Cosmetics.
  • Legal Compliance
  • TruthFullness
  • Evidential Support
  • Honesty
  • Fairness
  • Informed Decision Making

1)Legal Compliance 
A cosmetic product is allowed on the Union Market without any governmental approval. Hence claims indicating approval by a government authority within the Union are not allowed. Also, the CE Mark cannot be used as this would give the perception that they are under a regulatory regime other than the Cosmetic Product Regulation.
(i) The Claim : This product complies with EU cosmetic legislation is not allowed since all products placed on the EU Market must comply.
(ii)If the substance ‘x’ is already banned in the market and your claim states that the cosmetic is free from ‘x’, then it is not allowed to sell in the market.

If a product claims that it contains a specific ingredient, then it should be deliberately present. The substantial correctness of the claim should be there. Example: A product claiming that it contains honey should contain honey, not honey flavor. Suppose scientific evidence has concluded that a certain benefit will be there for a 1-day duration. Then claiming a 2-day duration is not adhering to truthfulness.

3)Evidential Support
All claims made in the material should be backed by evidential support. It is mentioned that  “Claims for cosmetic products, whether explicit or implicit, should be supported by adequate and verifiable evidence regardless of the types of evidential support used to substantiate them including where appropriate expert assessments.”

It is the responsibility of the responsible person to check that Appropriate scientific methodologies are used to provide substantial evidence of claims.It is also reviewed by relevant authorities as part of their market surveillance check process.

There is an exception of “hyperbolic claims” which are allowed like “this fragrance floats you in the air”.No average consumer will take it literally and expect to be floated in the air.

4)Honesty Honesty with the end consumers helps you earn and sustain the trust for long-term customer loyalty. If the action of a product is linked to specific conditions such as use in association with other products, this should be clearly stated. Example: If the claimed benefit of a product is associated with the combined use of another substance, then it should be specified.

The Claims should be to the point and should not belittle any competitors or any ingredients legally used. The main aim is to not create confusion with the product of a competitor. Example: Low in allergens because without preservatives is unfair because it assumes that all Preservatives are allergenic.

6)Informed Decision Making
The Claims should be simple enough to be understood by an average end-user to make an informed decision of a purchase. The capacity of that particular geography to comprehend the information should be taken into account before finalizing the material.
If the product is targeting professionals, it might be appropriate to use technical language. Similarly, if it is targeted towards children, it should use simple words.

So these were the common factors that should be taken care of while crafting the claims for your cosmetic product to be sold legally inside the European Union and the UK. There are some minor differences between some specific laws of both countries.You can inquire for your specific products and we will be happy to assist you in getting to know the exact requirements for your cosmetic product’s claims.

Claims Review Services by Cert3global

We at cert3global, provide expert guidance on getting the most suitable claims that fulfill the regulatory requirements of the geography you are targeting and strive to provide the required balance between regulatory compliance and marketing communication through our experienced team of regulatory experts.

We follow the best practices of technology, privacy, and quality service which has helped many of our clients to achieve smooth market access in the European Union and United Kingdom Market.

Our Team will:
  • carefully review the wording you have used
  • help you rewrite the claims that do not follow the regulatory compliance
  • collect proof of claims of your products on your behalf