As the responsible person, you must ensure that cosmetic products are marketed correctly. According to the EU Cosmetics Regulation, products must not be marketed with claims that imply characteristics or functions they do not have (Article 20).
This is further clarified in EU Regulation 655/2013, which requires that marketing claims are clear, reliable, and not misleading, so that consumers can make informed decisions.
Incorrect marketing
The responsible person must ensure that products are marketed correctly. Incorrect marketing of cosmetics may result in the product being classified as, for example, a medicinal product, medical device, or chemical product.
Misleading marketing must not occur anywhere in the supply chain. When selling cosmetic products to distributors, the responsible person should inform them of permitted marketing practices and, in particular, what is not allowed.
Cosmetic product claims
The lists are not exhaustive but are simply a few common examples.
Claims which must not be used:
Skin problems
- counteract, cure or alleviate skin problems, such as itchiness, eczema, rashes or allergic reactions
Skin disorders or other conditions
- references to skin disorders, for example psoriasis and eczema
- claims that a product is particularly suited for persons with a certain disorder
Muscles, joints and circulation
- pain relief
- increased blood circulation
- effects on muscles and joints
Micro-organisms, fungi and parasites
- disinfectant
- antiseptic
- counteract, cure or alleviate bacterial or fungal infections
Wounds
- to treat wounds
- cracked skin, abrasions
Acne
- acne treatment (‘prevents acne’ may be accepted for cleansing acne products)
Effects on the growth of hair, eyelashes and eyebrows
- stimulates/affects the growth of hair, eyelashes/eyebrows
Claims that may be used:
Examples are not to be considered medical claims. If you are unsure, you can contact the Swedish MPA in order to get a response to your question regarding marketing and classification.
Insect bites and sunburn
- ‘anti-itch for insect bites and mild sunburn’
Cellulite
- cellulite
- stretch marks (striae) are not considered medical claims
Scalp
- dandruff (unless the claim relates to seborrhoeic eczema, seborrhoea or similar)
Dry skin
- softening of dry skin
Toothpaste
- prevents cavities (only for toothpaste that contains fluoride)
- counteracts plaque (no other claims regarding what plaque can lead to)
- protects sensitive roots (blocks dental canals)
Claimed effects are not pre-assessed
The Swedish MPA is often contacted by companies and consultants who, in connection with the development or launching of new products, want to know whether specific claims regarding effects are permissible. However, the Swedish MPA does not pre-assess claims regarding effects that are detached from their context. Only in connection with supervisory matters where there is comprehensive information available regarding a product’s appearance, contents, label and marketing are product claims reviewed and assessed.