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Cosmetics & claims: new EU guideline as of July 1, 2019

Claims should not mislead consumers and they should not attribute to a product properties or functions that the product does not possess. The rules for the use of claims for cosmetics are laid down in the European Claims Regulation (EU) No. 655/2013.

The claims regulation sets out six general criteria for justifying claims:

  • Compliance with Legal RequirementsClaims should not create a false impression regarding compliance with legal requirements.
  • CorrectnessClaims may not contain false information. .
  • Evidence Claims must be supported by sufficient evidence. .
  • Fairness Claims should be fair, if there are conditions for the efficient operation of a product, this should be named. .
  • Fairness Claims should not disparage competition and legally permitted ingredients. .
  • Making informed decisions Claims must be clear and understandable to the average end user. .

These general criteria leave much room for individual interpretation. To provide guidance in this respect, the European Commission has drawn up a guideline: the 'Technical document on cosmetic claims'. This guideline contains examples that, based on the general criteria from the claims regulation, are worked out on a case-by-case basis. The document is a tool for national authorities and economic operators to assess whether the use of specific claims is permitted.

As of July 1, 2019, the appendices below from the guideline should be used as a starting point when evaluating claims:

  • Annex III on the use of "Free from" claims
  • Annex IV on the use of a "Hypoallergenic" claim

What does this mean for your products?

This requirement may cause claims that were previously used on your products and were allowed to be disallowed.

Annex III provides guidelines for evaluating ""Free from"" claims. The following claims have been determined to be no longer permitted for use:

  • Free of corticosteroidsBecause they are not allowed in cosmetics. This claim violates the general criterion of "compliance with legal requirements."
  • Free of preservatives: If a product contains an ingredient that exhibits a protective effect against microorganisms. This claim violates the general criterion of "fairness."
  • Free of allergens The complete absence of the risk of allergic reaction can never be guaranteed. This claim violates the general criterion of "honesty."
  • Free of parabensThis claim does give allowed parabens a negative connotation. This claim violates the general criterion of "fairness."
  • Free of perfume If the product contains an ingredient that may have a perfuming effect, despite the other possible functions of that ingredient. This claim violates the general criterion of "fairness."

Annex IV provides guidelines for evaluating ""Hypoallergenic"" claims. These claims may be used only when every effort has been made in the development of a cosmetic product to minimize its allergenic potential. This means:

  • The presence of known allergens should be completely avoided, and
  • The responsible person should have evidence to verify the low allergenic potential of the cosmetic product.

Also, the use of the claim "hypoallergenic" does not guarantee the complete absence of the risk of allergic reaction. The product must not give the impression that it does.

Need support?

Do you need help determining what claims are allowed on your cosmetic products? Précon Quality Services can assist you with this. Please contact us at +31 (0)30 - 65 66 010 or info@precongroup.com. You will then receive our free quote for substantive advice.

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