In the competitive cosmetics industry, marketing claims can easily cross the line from persuasive to misleading — or even unlawful.
This article explores the most common non-compliant cosmetic claims, focusing on misleading “Free From…” statements, improper ingredient promotion, and exaggerated environmental or health-related claims.
Understanding these restrictions is essential for cosmetic brands aiming to ensure regulatory compliance, consumer trust, and fair competition.
The Most Common Pitfall: “Free From …” Claims
Claims that suggest a product “does not contain” or is “free from” certain substances may be misleading or denigrating if they imply that the excluded substance is unsafe, illegal, or inferior to compliant alternatives.
- “Free from corticosteroids” / “Free from hydroquinone”
→ Misleading, as these substances are already prohibited under the Cosmetics Regulation. - “Paraben Free”: Some of the paraben group are safe when used in accordance with the Regulation. Considering that all cosmetic products must be safe, the claim of “does not contain parabens” is prohibited because it creates unfair competition by denigrating all paraben derivatives.
- “Silicone Free”: The ingredient “cyclotetrasiloxane” is prohibited, but “cyclopentasiloxane” is not. Therefore, this claim is prohibited as it creates unfair competition by tarnishing all silicone derivatives.
- “Free From Phthalates”: It is prohibited because a group of phthalates (such as «Benzyl butyl phthalate (BBP)») are on the prohibited list, except for «Dimethyl Phthalate» which has no usage limit.
- “Does Not Contain Triclosan”: The ingredient is safe if used in accordance with the Regulation. Therefore, the claim that it does not contain this substance is prohibited as it is understood as a specific denigration of the ingredient.
- “Preservative Free”: This claim can be used only if the cosmetic product does not contain any of the preservatives listed in Annnex V of the Cosmetic Regulation. Cannot be used in products containing high amounts of alcohol.
- “Paraffin/Mineral Oil Free”: “Well tolerated because it does not contain paraffin/mineral oil” is an unfair statement against other products that are equally well tolerated. Therefore, the claim is prohibited.
- “Allergen Free”: The fact that a product does not contain perfume or preservatives does not guarantee that it will not cause an allergic reaction. Claims like “allergic substance free,” “Does not have any risk of allergic reactions,” or “Does not have any side effects” are non-compliant since each human being has a unique immune metabolism.
Ingredient-Related Non-Compliant Claims
a) Claims Promoting the Ingredient
Ingredient-related claims must accurately reflect the composition of the finished product.
Compliant Example:
“10% Hyaluronic Acid Serum” — if the product indeed contains 10% hyaluronic acid.
Non-Compliant Examples:
- Claiming “Snail Extract” when the product only contains allantoin.
- Referring to “honey” when only honey flavor is present.
b) Claims Promoting the Ingredient’s Effect
Claims must also reflect the actual effect of the cosmetic product, not just the presence of an ingredient.
Examples:
“Contains Aloe Vera” accompanied by large aloe images — if the ingredient level or formulation does not provide a corresponding effect.
“Moisturizing” — when the product has no demonstrated moisturizing effect.
2. Claims to Promote the Ingredient’s Effect
If the product does not have a moisturizing effect, the claim “moisturizing” is not appropriate. Similarly, using the claim “contains aloe vera” or a prominent aloe vera image is inappropriate if the product does not have the corresponding effect.
Environmental Claims and Other Misleading Statements
Environmental Claims
Environmental or sustainability-related claims must be substantiated with clear, measurable, and verifiable evidence.
In line with the upcoming EU Green Claims Directive, environmental statements must be: relevant, specific, truthful, and supported by concrete documentation or certification.
Generic or unsubstantiated “eco-friendly,” “green,” or “biodegradable” claims are non-compliant.
Other Non-Compliant Claim Examples
- Health Statements: It is not appropriate to include health statements (cellulite reducer, wound healer, bruise reducer, diaper rash reliever, pain reliever, acne reducer, etc.) in the product name and claims.
- Reference to Disease: If a claim is made by mentioning an underlying disease for the product (for example, itching may be presented as a symptom of a disease even if it is not a disease), such claims are non-compliant.
- Reference to Medical Procedures: Claims regarding effects and application methods such as Botox and mesotherapy are not appropriate because they are contrary to the definition of a cosmetic product.
Having Trouble Choosing Which Claims to Use for Your Cosmetics?
Ensuring legal compliance while pursuing marketing goals can be a complex process. Check out our Cosmetic Label Review service.
Let our professional team review and guide you on your cosmetic labelling to ensure your claims are compliant, trustworthy, and effective.
