Reviewed and Approved by Maged Sharaf, Ph.D., EAS Consulting Group Senior Director, Labeling, Cannabis, and Claims Consulting Services
Cosmetic and personal care brands often use label claims to help their products stand out in the highly competitive market. Claiming that your product “Helps Make Wrinkles & Fine Lines Less Visible” or provides “Visible Results in Only One Week”, for example, grabs the buyer’s attention.
However, it's not enough to simply make these claims; you must substantiate them before selling such products in the United States. Failure to do so can lead to serious consequences, including regulatory action, fines, and damage to your brand's reputation.
So, how do you substantiate a label claim? What regulations govern cosmetic and personal care claim substantiation?
To provide guidance, we consulted Maged Sharaf, Ph.D., EAS Consulting Group Senior Director, Labeling, Cannabis, and Claims Consulting Services. In this article, Dr. Sharaf answers common questions about cosmetic and personal care claims substantiation, providing insights for brands looking to ensure their advertising is both truthful and compliant.
Dr. Sharaf: Substantiating product claims is required by law in the USA and may help companies avoid actions by the FTC, other regulatory bodies, or a competitor. It also establishes company confidence in its own brand and consumer’s trust in the brand.
Dr. Sharaf: It increases its liability to warning or legal actions by regulatory authorities and challenges from competitors and lawyers.
Dr. Sharaf: Primary laws applicable to cosmetics include:
Additional Laws/Oversight:
Dr. Sharaf: Objective claims are those related to product performance and function that the consumer experiences or expects. These are based on facts. Example, a deodorant is used to mask unwanted body odor.
Subjective claims are the perception about the attributes of a product by the consumer and are based on opinions. Example, the smell of a perfume.
Q. What Types of Evidence are Required to Substantiate Each Type of Claim?
Dr. Sharaf: The types of evidence depend on the claim(s) and its context. For objective claims, a well-conducted, blinded, clinical study is preferred. While for subjective claims, well-conducted, independent consumer surveys or consumer home use tests are used.
Dr. Sharaf: The U.S. FTC has substantiated claims checked using two primary methods. Initially, the FTC used industry-wide "rounds," which involved publicized inquiries targeting several firms within a specific industry or across different industries making similar claims. These inquiries involved identical or substantially similar demands for substantiation from multiple firms.
However, this method proved to be costly for both the recipients and the FTC. Consequently, the FTC has shifted its focus to a more cost-effective approach by sending specific requests for substantiation directly to individual companies under investigation. This targeted method is more efficient and reduces the overall burden on both the firms and the agency.
Dr. Sharaf: By relying on internal expertise or through help from outside resources, such as a consulting firm with expertise in claims substantiation for cosmetic, personal care, and other products. EAS Consulting Group can help substantiate your claims to ensure regulatory compliance. Reach out to us with questions and we’ll be glad to help.