Substantiating Cosmetic Claims: A Guide

How cosmetic claims are regulated under the six common criteria, what counts as adequate evidence, and how to substantiate a claim before it reaches the label.

Written by Allison Wild, Clinical Pharmacologist, MSc (University of Oxford)

A claim is a promise, and a regulator treats it as one. “Reduces wrinkles”, “48-hour hydration”, “suitable for sensitive skin” and “free from parabens” all have to be true, and you have to be able to show it.

The six common criteria

Article 20 of Regulation (EC) No 1223/2009 and Commission Regulation (EU) No 655/2013 set out six common criteria that every claim must meet: legal compliance, truthfulness, evidential support, honesty, fairness, and enabling informed decision-making. The criterion that catches most brands out is evidential support: a claim has to be backed by adequate and verifiable evidence, held before the claim is made, not assembled afterwards if challenged.

Free-from and comparative claims

The supporting technical guidance is strict on “free from” claims. You cannot claim free from an ingredient that is banned anyway, nor use a free-from claim to denigrate a legally permitted ingredient. Comparative and superiority claims carry a higher evidential burden again.

How we substantiate

Depending on the claim, substantiation ranges from a documented review against the criteria to instrumental or consumer testing. Our Cosmetic Claims Review assesses claims at £125 per claim, with a minimum of five, and a full Claims Substantiation Dossier is £1,495. See our labelling and claims service.

For claims that need measured proof rather than a documentary review, such as quantified anti-ageing or brightening claims, see our claims testing service and the guide to substantiating anti-ageing and brightening claims.