The Do’s and Don’ts of Cosmetic Claims
One of the biggest challenges faced by beauty brands is knowing what cosmetics claims they can and cannot make. Of course, you want to showcase all the amazing benefits your products offer, but you also don’t want to overpromise or make any drug claims.
Making drug claims, inaccurate claims, or over-promising results is the fastest way to get one of those unfortunate letters from the FTC or FDA.
Not sure what cosmetic claims you can make? Or what you can’t say? Wondering if you are making drug claims or overpromising results? Not to worry, I’ve put together some helpful tips to ensure your advertising, marketing and packaging follow the guidelines.
Cosmetics vs Drugs
It’s important to note, that although the FDA isn't required to approve labeling for cosmetics, they do have regulations for cosmetics claims. First and foremost, your claims must be accurate and truthful.
While most beauty products are only considered to be beauty products, some also fall into the drug category. If your product falls into the drug category, for example, sunscreen, you will be required to receive FDA drug approval prior to launch.
Beauty products that are also considered drugs, must comply with FDA drug regulations when making claims. For example, a sunscreen can claim to provide protection from UVA/UVB because it has passed the broad spectrum test. A product designed to treat acne can claim it prevents and clears acne because it demonstrated these results in FDA-approved, efficacy tests.
The Do’s of Claims
If your product is not deemed a drug, you can't make claims such as treats acne, removes dark spots, or increases collagen production. The reason for this is that your product(s) don’t alter the structure of the skin/body or prevent or treat a condition. Instead, your cosmetic claims should say things like, reduces the appearance of dark spots or wrinkles, covers acne, or helps skin appear firmer and more hydrated.
It is also important not to overpromise results, even if you have conducted clinical studies or have access to clinical studies for similar products or ingredients. Some well-known brands, such as L’Oreal, ShiKai, and Sunday Riley, have received letters from the FTC for overstating the benefits of their products, making false claims, and creating fake reviews.
There have also been issues with brands incorrectly referencing scientific studies that were never conducted, didn’t apply to the ingredients in their products or weren’t applicable to their products.
How to Avoid Missteps
Before you create claims for your products, ask yourself:
Does this sound like a drug claim?
Am I following FDA and FTC guidelines?
Am I overpromising results or making unsubstantiated claims?
Is my claim accurate in reference to the ingredients or the results the product produces?
If my product is considered “organic”, has it also met USDA “organic” regulations?
If I am referencing studies, do they apply to my product, ingredient, or usage?
If I am using my own studies for claims, have the studies been conducted accurately and without bias?
Are you making claims just to attract more consumers? Or are they substantiated? For example, if your brand is cruelty-free, has it been Leaping Bunny Certified?
Of course, the best way to avoid making drug, inaccurate or exaggerated claims is to have your advertising/marketing and labeling reviewed by legal/regulatory/medical experts first. You can also review the FTC and FDA sites for guidelines.
As a copywriter, with experience in the cosmetic and pharma industries, I always strive to help my clients create truthful, accurate, and ethical advertising content. Truth in advertising is essential in my business and when it comes to working with clients.
If you have questions, I’m here to help.
