Legal compliance
A claim must not suggest that the product has been authorised or approved by an authority. Nor can it present as a benefit something that is simply required by law.
Claims and testing
Cosmetic claims: the rules and the tests that prove them
A claim is anything you say about your cosmetic: “moisturising”, “dermatologically tested”, “fragrance free”. In the European Union, cosmetic claims must meet six common criteria and be backed by evidence kept in the product file. This guide covers the rules, the most common tests and how to set up your claims before the label goes to print.
What counts as a claim
A claim is any text, name, trade mark, picture or sign that communicates a characteristic or function of the product. It applies on the label, on the carton, on your website, in marketplace listings and on social media.
Article 20 of Regulation (EC) No 1223/2009 prohibits attributing characteristics or functions to a cosmetic that it does not have. Regulation (EU) No 655/2013 sets out the common criteria for justifying claims, and the European Commission has published a technical document with guidelines and examples.
The six common criteria of Regulation 655/2013
Truthfulness
If you say the product contains an ingredient, it must really be there. The properties of an ingredient cannot be attributed to the finished product if the product does not have them.
Evidential support
Every claim, explicit or implicit, must be supported by adequate and verifiable evidence: studies, tests, published data. The evidence must fit the type of claim and use reliable methods.
Honesty
The presentation must match the evidence. A result obtained on a few volunteers or in special conditions must not be generalised.
Fairness
A claim must be objective and must not denigrate competitors or legally used ingredients.
Informed decision-making
The claim must be clear and understandable to the average consumer, so they can make an informed choice.
Free-from claims: what the technical document says
“Free from…” claims are among the most used and the most debated. The Commission’s technical document sets out some general principles:
- You cannot claim the absence of an ingredient banned by law. Saying “free from” a substance no cosmetic may contain suggests a merit the product does not really have.
- You cannot denigrate a legally used ingredient. A “free from” claim implying that a permitted ingredient is harmful breaches the fairness criterion.
- The claim is acceptable if it helps an informed choice. For example, when it signals the absence of an ingredient that a specific group of consumers wants to avoid.
- It must be true. If the product says “free from” a substance, it must not contain it, not even through other ingredients that release it.
Every claim must be assessed in context: the same “free from” can be correct on one product and misleading on another.
The most common claim tests
| Claim | Typical test |
|---|---|
| Dermatologically tested | Patch test on volunteers under dermatological supervision |
| Nickel tested | Analysis of the nickel content of the finished product |
| Moisturising | Instrumental measurement of skin hydration before and after use |
| For sensitive skin | Tolerance test on volunteers with sensitive skin |
| Perceived efficacy | Self-assessment questionnaires on a group of users |
Patch tests and “dermatologically tested”
A patch test applies the product to the skin of a group of volunteers, under occlusion, for a set period. A dermatologist then assesses any reactions. The claim says the test was done, not that the product will never cause a reaction.
Nickel tested
Nickel is one of the most common causes of contact allergy. The claim means that the nickel content of the product has been measured and is below a threshold stated by the laboratory. There is no single threshold set by law, so it is wise to state clearly what was measured.
Efficacy tests
For claims such as “moisturising”, instrumental measurements (for example corneometry, which measures hydration of the skin’s surface layer) are taken on volunteers before and after use. Figures such as “+30% hydration” must reflect the test conditions and must not be rounded in your favour.
Why we use external laboratories for claim testing
We entrust functional claims and the related tests to external laboratories, chosen according to the claim, for a neutral assessment. The company that makes a cosmetic should not be the only judge of its efficacy.
This comes on top of quality control: every batch is tested by our in-house laboratory and by external accredited laboratories, including for heavy metals. Details are on our quality and certifications page.
Test results go into the Product Information File (PIF), where the authorities can check them.
How to set up your claims without mistakes
- Decide who you sell to and what you want to say, before choosing the formula.
- Choose claims the formula can support and your customers understand.
- Plan the tests: they need volunteers and time, so schedule them before printing.
- Write the claims using the same words as the test report, without amplifying them.
- Check that the label, website and marketplace listings all say the same thing.
Claim wording goes on the label together with the mandatory particulars: the full list is in our guide to EU cosmetic labelling. For lines designed for sensitive and reactive skin, see our dermocosmetics page. Each Member State sets penalties for wording that attributes characteristics to a product that it does not have.
Claims online and on social media
Claim rules do not stop at the label. They apply to everything that communicates the product: website, marketplace listings, posts, videos and content from influencers working for your brand. A claim that is not allowed on the label is not allowed in a caption either.
Three simple checks before you publish:
- Same words: online communication uses the same claims as the label, with no added superlatives.
- No medicinal effects: a cosmetic does not “treat” or “cure”; words like these move it out of the cosmetics category.
- Honest before-and-after: unretouched photos and results consistent with the tests.
Besides cosmetics law, misleading advertising is also covered by consumer protection and unfair commercial practice rules in each country.
Claims in the UK
Great Britain has kept the same approach after Brexit: the UK Cosmetics Regulation prohibits misleading claims, and the common criteria for justifying them continue to apply in British law. In practice, a claim built correctly for the EU, with solid evidence, is usually a good basis for the UK as well. Advertising in the UK is also subject to its own advertising codes and consumer protection law, so check UK-specific wording before you launch there.
Frequently asked questions
What does “dermatologically tested” mean?
That the product was applied to volunteers under a dermatologist’s supervision, usually with a patch test, to assess tolerance. It does not guarantee that nobody will ever react.
What does “nickel tested” mean?
That the nickel content of the finished product was measured and is below a threshold stated by the laboratory. The threshold is not set by law, so it should be stated clearly.
Can I put “paraben free” on my cream?
EU guidelines discourage “free from” claims that denigrate legally used ingredients or do not help an informed choice. Each case must be assessed in the context of the product and its communication.
Does every claim need a test?
Every claim needs adequate evidence. Some rely on ingredient data or published literature; others, such as efficacy on skin, need specific tests on the finished product.
Who carries out claim tests?
We entrust them to external laboratories chosen according to the claim, for a neutral assessment. The results go into the Product Information File.
Are the claim rules the same in the UK?
The principles are the same: claims must not mislead and must be backed by evidence. UK advertising codes also apply, so check marketing wording for the British market.
Clear claims, solid evidence
Tell us what you want to say to your customers: we set up the formula, tests and label text with you, with one project manager coordinating everything.
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Keep reading
- DermocosmeticsPrivate label dermocosmetics for sensitive skin: gentle formulas, tests agreed with you at external labs. Your own range, made in Italy, from 500 units.
- Product Information FileProduct Information File for cosmetics: what the PIF contains, who prepares it, where it is kept and for how long. A guide to Article 11 and Annex I.
- EU cosmetic labellingEU cosmetic labelling: Responsible Person, nominal content, PAO, batch, INCI, label languages, small packs and UK labels. With the most common mistakes.
- Quality and certificationsISO 9001:2015 certified cosmetic manufacturer in Italy, producing according to GMP ISO 22716. Every batch tested by accredited external labs too.