I want to make claims about my product. What do I need to know?
A claim does not have to be written; the term covers any text, names, trademarks, pictures and figurative or other signs. It can be implied by ingredients, labelling, advertising and presentation including any on-line marketing and text such as reviews, or testimonials or influencers on social media.
In the UK/EU, all cosmetic claims are covered by Article 20 of the Cosmetic Products Regulation (EC) No. 1223/2009 and Regulation (EU) No. 655/2013 - Common Criteria for Cosmetic Claims.
In addition to the cosmetic specific legislation, the Unfair Commercial Practices Directive (UCPD) addresses commercial practices directly related to influencing consumers’ transactional decisions in relation to products, in order to protect consumers from the consequences of unfair commercial practices. This Directive is a horizontal legislation that applies to all sectors, not just to cosmetics. In the UK, the UCPD is implemented as the Consumer Protection from Unfair Trading Regulations 2008.
There may also be specific rules, recommendations or guidance for certain claims from the Advertising Standards Authority (ASA), the Competition and Markets Authority (CMA), and CTPA . This decision tree is intended to help you identify additional information you should be aware of, depending on the type of claim you are making.Details