Following the entry into force of the Regulation EC 1223/2009 on cosmetic products also applies the Regulation (EU) No 655/2013 of 10 July 2013 laying down common criteria for the justification of claims used in relation to cosmetic products.
Before then, there were no provisions regulating this matter and often the consumer was being misled.
WHAT REGULATION (EC) 655/2013 ESTABLISHES
1. Legal compliance
- Claims which convey the idea that a product has a specific benefit when this benefit is mere compliance with
minimum legal requirements shall not be allowed.
- If it is claimed on the product that it contains a specific ingredient, the ingredient shall be deliberately present.
- Ingredient claims referring to the properties of a specific ingredient shall not imply that the finished product has the same properties when it does not.
- Marketing communications shall not imply that expressions of opinions are verified claims unless the opinion
reflects verifiable evidence
3. Evidential support
- Claims for cosmetic products, whether explicit or implicit, shall be supported by adequate and verifiable evidence regardless of the types of evidential support used to substantiate them, including where appropriate expert assessments.
- Where studies are being used as evidence, they shall be relevant to the product and to the benefit claimed, shall follow well-designed, well-conducted methodologies (valid, reliable and reproducible) and shall respect ethical considerations.
- A claim extrapolating (explicitly or implicitly) ingredient properties to the finished product shall be supported by adequate and verifiable evidence, such as by demonstrating the presence of the ingredient at an effective concentration
- Presentations of a product’s performance shall not go beyond the available supporting evidence
- Claims shall not attribute to the product concerned specific (i.e. unique) characteristics if similar products possess the same characteristics
- Claims for cosmetic products shall be objective and shall not denigrate the competitors, nor shall they denigrate ingredients legally used
6. Informed decision-making
- Claims shall be clear and understandable to the average end user