Claims made on cosmetic products—whether on packaging, in advertisements, or in online content—strongly influence consumer choices. However, some claims can be ambiguous or misleading. It is essential to understand what the regulations allow… and what they prohibit.
What is a cosmetic claim?
A claim is any promotional or informative statement appearing on a product or in its marketing materials. It must comply with strict criteria defined by European regulations. Any claim that exaggerates, misleads, or is based on unverifiable information may be subject to penalties.
The DGCCRF regularly inspects products to ensure labeling compliance.
Claims That May Be Misleading
Certain statements, although common, are based on vague or unverifiable concepts. This is the case, for example, with claims regarding substances that are not officially defined, partially authorized ingredient groups, or overly general promises. These formulations can create an impression of safety or performance that is not justified.
The “token active ingredient” claim: an ingredient that’s present… but useless
Another type of misleading claim is the “token active ingredient.” This refers to an ingredient added in such a small quantity that it has no real effect on the skin or hair, but allows the brand to tout it for purely marketing reasons.
A recognized active ingredient (such as aloe vera or hyaluronic acid) may thus be included in a token amount, solely to display a promotional claim on the packaging. Consumers then believe they are benefiting from the properties of this ingredient, even though its concentration is insufficient to produce any effect.
This type of claim diverts attention from the product’s actual composition and can be misleading, especially when the highlighted active ingredient is relegated to the very end of the INCI list.
Strictly prohibited claims:
- “Not tested on animals”: Testing has been banned in Europe since 2013, so this claim is misleading.
- Claims that simply highlight compliance with the law.
- “Free of” claims regarding substances that are already banned (free of hydroquinone).
- Claims that are impossible to verify (free of endocrine disruptors).
- Claims targeting a class of partially authorized substances (free of parabens).
“Free of” claims that are permitted
Certain claims are accepted when they provide genuinely useful information to consumers, particularly in cases of allergies, personal beliefs, or lifestyle choices. These include:
- Alcohol-free
- Fragrance-free
- Free of animal-derived ingredients / vegan
- Soap-free, preservative-free (if no antimicrobial substances are present)
At Neo Cosmetique, we handle the creation of your product from start to finish—from formulation to packaging, including the validation of labeling and claims.
To learn more: https://www.neo-cosmetique.fr/pages/expertise
REGULATION (EC) No. 1223/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of November 30, 2009, on cosmetic products