ADDITIONAL ELEMENTS – PRODUCT DECLARATIONS/STATEMENTS
On the label of almost every cosmetic product, in addition to mandatory elements such as the details of the responsible person, the nominal quantity in the packaging, or the list of INCI ingredients, you can also notice additional, non-mandatory elements. They are mainly added to enhance the attractiveness of the cosmetic and often constitute the element that influences the final choice of the consumer. Such statements are called marketing declarations and may concern:
- Sensory qualities of the cosmetic – pleasantly scented, smooth application, non-sticky, light consistency;
- Effectiveness of the cosmetic – provides moisturization from the first use, smoothens the skin, leaves hair soft to the touch, provides a lifting effect, brightens discolorations;
- Intended use of the cosmetic – suitable for all skin types, including sensitive, for mature skin, for individuals with hypersensitive skin, for physically active individuals;
- Special features of the cosmetic – natural, biodegradable, packaging made from recycled materials.
These declarations are most often presented verbally but can also take the form of images, pictograms, or symbols, especially for products with small packaging. The requirements for cosmetic product declarations are defined in Article 20 of Regulation 1223/2009/EU. However, they are described in more detail in Regulation 655/2013/EU and the Technical Document on Declarations Concerning Cosmetic Products, providing the so-called common criteria for justifying individual marketing declarations. The term “common criteria” means that they apply to all cosmetic products placed on the market and to all used declarations. A marketing declaration will be considered compliant with the regulations if it meets the following criteria:
- Compliance with regulations – statements that emphasize a feature of a product even though it is legally required are not allowed. A good example is providing information that the cosmetic does not contain a certain raw material, which cannot actually be found in any cosmetic, as it is on the list of raw materials banned for use in cosmetics.
- Truthfulness of provided information and Evidence – all declarations on the cosmetic’s label must be true. If the label states that the cosmetic is hypoallergenic, it must indeed be so, and the manufacturer must have evidence to support this declaration. The level of evidence depends on the level of the declaration. Different support is required for statements like “provides a feeling of skin moisturization” or “smoothens the skin” compared to statements like “provides 48-hour moisturizing action” or “increases skin firmness by 30%”. In the first case, the results of an application study can serve as evidence. However, in the second case, instrumental test results are necessary. Increasingly, cosmetic labels contain declarations referred to as hyperbole – clearly exaggerated statements like “using this product, you will feel like a child or be transported back to your childhood”. These are examples of statements that do not require proof.
- Consistency with the actual state – declarations should not be made stating that a certain cosmetic product is unique compared to others if those other products possess the same characteristics. Sometimes, a cosmetic product acts in a specific way only when used in combination with other products from the same series. In such cases, consumers should be informed about this fact. Additionally, this criterion includes images illustrating the effects of the cosmetic, which should be realistic and depicted on individuals of an age appropriate to the intended use of the cosmetic.
- Fairness to both consumers and competitors. It is not permissible to present legally used substances like SLES or parabens as particularly dangerous or as causing the product to have worse properties. Nor is it allowed to denigrate competitors or include statements that could lead an average consumer to confuse the product with another brand present on the market.
- Conscious decision-making, meaning that the average, moderately informed consumer should be able to make an informed choice regarding the purchase of a particular cosmetic product. Therefore, when placing declarations, simple, understandable language should be used to avoid any doubts. A special group consists of products on the borderline, which through certain statements may give the impression of being a medicine or a biocidal product – “kills 100% of bacteria” on mouthwash or “treats sunburns” on after-sun balm.
To sum up, it is important to remember that the most important principle regarding marketing declarations is their truthfulness. Meeting all the criteria listed above will allow each consumer to make a decision in line with their expectations and will not mislead them.
Commission Regulation No 655/2013/EU Technical Document on Declarations Concerning Cosmetic Products (July 3, 2017).
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