Definition of Claims and Substantiation
Claims in the cosmetic industry refer to statements made by manufacturers regarding the efficacy and benefits of their products.
Cosmetic product claim can be:
- About the ingredients, product category, packaging effect, features or efficacy of the product.
- They are usually used for marketing purposes.
- They should contain accessible information.
- They are on the product (packaging, labels and inserts) or in advertisements (at points of sale or in the media).
These claims can range from simple assertions like “moisturizes skin” to more complex promises such as “reduces wrinkle appearance in 14 days.”
Types and Example claims made on cosmetic labels:
- Performance claims – Product efficacy claims such as moisturizing, wrinkle reduction, sun protection, etc.
- Ingredient claims – Ingredient claims such as ingredients, properties, mode of action, free from…. etc.
- Sensory claims – Statements regarding the sensory experience associated with using the product, like “silky” or “non-greasy,” should be backed by consumer perception studies.
- Consumer perception claims – Consumer experience claims that reflect target user evaluations
- Comparative claims – Comparisons/advertisements that include statements about competitors
- Environmental claims – Claims about the environmental impact such as recyclable packaging, sustainable production etc.
- Lifestyle choices, personal values and beliefs – Claims such as vegan, halal, natural or organic
- Exaggerated claims – Claims that use vague and exaggerated statements
Cosmetic product claims affect consumer behaviour!
Claim Substantiation is the process of providing evidence to support these claims. It involves gathering scientific data, clinical studies, or consumer testing that validate the product’s performance as described by the claims. In European Union, substantiation is not merely recommended but required to comply with legal standards.
What does regulation say on Claims?
Technical document on cosmetic claims emphasizes 6 common criteria that must be met when making claims regarding cosmetic products. These criteria help in substantiating the efficacy and safety of the products and include:
- Legal compliance, which prohibits claiming that a product complies with applicable legislation or is approved by a competent authority;
- Truthfullness, which implies that the claim must be true and must not imply that the finished product has the same properties, for example, a claim about the properties of an ingredient, if this is not the case;
- Evidentiary support, which requires that evidence is available to substantiate the claim;
- Honesty, which prohibits claims based on product properties that go beyond the available evidence or are presented as unique if similar products have the same properties;
- Fairness, which requires that a claim does not disparage competitors of ingredients that are legally used by others;
- The informed decision-making, which requires that the claims used are understood by the consumer/user.
Generally Accepted Data Sources to Substantiate Claims
Generally accepted data sources may include, but are not limited to, the following:
- Publications in peer-reviewed journals,
- Reports prepared by competent authorities or relevant professional organizations,
- Well-researched and referenced textbooks,
- Reviews and conclusions of experts (with evidence of their expertise and relevant references).
- Analysis reports
Claims Require Certification
Certain claims require specific certifications, laboratory test results or adherence to regulatory standards, especially in markets with stringent cosmetic regulations. Here are a few notable examples:
- “Dermatologist-Tested”: To make this claim, manufacturers should have the product evaluated by qualified dermatologists, and they often need documentation that supports the safety and efficacy of the product.
- “Hypoallergenic”: This claim suggests that a product is less likely to cause allergic reactions. To substantiate this, companies must provide data showing that the product has been tested on a statistically relevant number of individuals with known sensitivities.
- “Non-Comedogenic”: This claim implies that a product does not clog pores. Substantiation usually involves clinical or laboratory tests demonstrating that the formulation does not cause acne formation.
- “Organic” or “Natural”: Using these claims necessitates compliance with certifications from recognized organizations, ensuring the product meets their stringent ingredient and processing standards.
- Vegan: A claim of being “vegan” indicates that the product does not contain any animal-derived ingredients and has not been tested on animals. To substantiate this claim, manufacturers should provide documentation from suppliers, certifications from recognized vegan organizations, and adhere to guidelines that define vegan standards.
- Environmental Claims: When making claims about the environmental impact or sustainability of a product, brands must ensure compliance with specific standards and certifications that validate these statements. Importantly, these claims must be made in a way that is not misleading, considering the entire life cycle of the product.
To ensure your marketing claims are compliant check out our Cosmetic Label Review service!
