January 27, 2022 – In the cosmetics industry, claims are used to differentiate products and to market them better. Cosmetic products are divided according to their seasonal use. Hence, there will be cosmetics suitable for the summer and others for the winter.
It is worth reminding that cosmetic claims must comply with the common criteria set in Regulation (EU) No. 655/2013: legal compliance, truthfulness, evidential support, honesty, fairness, and informed decision-making. Moreover, claims must be substantiated and evaluated on a case-by-case basis.
Cosmetic claims for winter
Considering the season, we want to dedicate this article to winter claims. With the cold weather, the skin has different needs and, therefore, consumers look for some specific characteristics in cosmetics. Which ones?
First, they look for greater hydration and protection against external agents, such as wind. Moreover, there is more pollution in winter, so consumers want products that clean the skin better and lighten it up, covering its greyness.
So, what are the most popular cosmetic claims in winter, and what do they imply from a regulatory point of view?
| Claims | Regulatory implications |
| Super moisturizing | In the Product Information File (PIF), evidential support of this claim must be provided. |
| 48-hours hydration | It is mandatory to include in the PIF a test demonstrating that the product provides hydration for that period. “The claim is not allowed if the set of evidence only supports a shorter period of hydration” (Sub-Working Group on Claims, 2017). |
| Contains hyaluronic acid for a great hydration | Hyaluronic acid must be present in the formulation at the concentration proven to have hydrating effect in the same or similar type of formulation, and documentation supporting the hydration properties of the ingredient must be included in the PIF. In addition, it must be demonstrated that the finished product itself has moisturizing properties: “Ingredient claims referring to the properties of a specific ingredient should not imply that the finished product has the same properties when it does not” (Sub-Working Group on Claims, 2017), unless the reference is a similar type of formulation and allows to extrapolate the data. Nevertheless, it needs to be assessed by an expert. |
| Element barrier | The PIF must include a study demonstrating that the finished product protects the barrier lipids. The anti-pollution efficacy of a product can be evaluated by quantifying several biomarkers, such as antioxidant defense markers, tissue oxygenation, and lipid metabolism biomarkers. |
| This foundation will make you shine like a star! | This is a hyperbolic statement, and it is allowed in the EU as it is not meant to be taken literally. Moreover, it does not require any substantiation. |
In conclusion, to successfully place a cosmetic in the EU market, it is necessary to find the proper claims that correspond to the needs of consumers and ensure that they comply with the relevant regulatory framework.
COSlaw can help you: there is a section dedicated to claims in the Library of Documents! And, in case you want to have additional information, you can contact us today!
References:
- Cosmetics Europe. (2019). Guidelines for cosmetic product claim substantiation. Revising and expanding the Colipa Guidelines on Efficacy (2001/rev. 2008). Retrieved on 24/01/2022
- Sub-Working Group on Claims. (2017). Technical document on claims. Retrieved on 25/01/2022
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