Claims, advertisements… what can be written on cosmetic product labels and in commercial documents since July 11, 2013? The Cosmetics Regulation 1223/2009 has somewhat changed the situation. A Regulation defining Common Criteria for the use of claims was published on 11 July 2013, then the deadline of 2016 is expected with a report on their use, the result of the negotiations undertaken on the specific criteria for some of them (“Free-from…”, “Natural”, “Hypoallergenic”…). A full update.
Report on the lectures given by Barbara Héry (LVMH) at the “Advertising, Europe and Consumers” conference organized by the FEBEA on October 8, 2012, and by Emmanuelle Devaux (L’Oréal) at the 10th Perfumes and Cosmetics Congress in Chartres, on November 28, 2012.
The philosophy of the entire new regulation on cosmetic claims can be found in Whereas 51 of the Cosmetic Regulation: “The consumer should be protected from misleading claims concerning efficacy and other characteristics of cosmetic products.”
The same paragraph specifies two points:
• Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices is applicable to cosmetic products
• The Commission is in charge of establishing, in cooperation with the Member States, Common Criteria on certain specific claims for cosmetic products
These principles are reflected in Article 20 of the Regulation, which deals with “Product Claims”.
• In point 1, it states that “In the labelling, making available on the market and advertising of cosmetic products, text, names, trademarks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have.”
In other words, allegations must not be misleading: it is the general principle that …
