Companies should not mislead consumers when using “free from” claims, states UK cosmetic association

07 Oct 2022 --- The UK-based Cosmetic Toiletry and Perfumery Association (CTPA) is detailing its position on using “free from” claims, including similar claims for cosmetic and personal care products, in a published paper. The association seeks to encourage the industry to “rebuild confidence” in products and ingredients to minimize further damage to the industry by talking more positively about cosmetics and their components.

“CTPA strongly believes companies should only use ‘free from’ claims when it is intended to inform consumer choice. Consumers should not be led to believe that a cosmetic product with a ‘free from’ claim is safer or a better purchase decision, which legally cannot be true,” underscores the association.

“Companies are advised to focus their communications on their products’ benefits and positive attributes. These should be the key selling points of a cosmetic, not the absence of certain ingredients.”

CTPA aims to support companies in the decision-making process related to claims. Moreover, the CTPA’s position is based on the existing legislation and guidance available.The association seeks to encourage the industry to “rebuild confidence” in products and ingredients. 

Lack of trust in the industry
The paper explains that cosmetic claims are used to directly communicate product ingredients, characteristics, efficacy or company values to consumers.

Claims on products usually mention the benefits of the product to inform consumers. However, specific claims may “intentionally or inadvertently stray into denigration or unfair treatment of some ingredients or other products.”

“Consumers, the media and NGOs may be generally regarded as well-informed and conscious of the messages included in cosmetic claims. However, some information may be subject to incorrect interpretation or subject to unfounded speculation, contributing to misinformation,” the paper flags.

“As an industry, we have seen examples of this affect our ability to communicate, innovate and place products on the market. For example, an incorrect interpretation of the hazard information of a substance that does not take into account the likely exposure of a person to that substance through a consumer product.”  

Another example is when a scientific study on the side effects of a cosmetic ingredient does not establish a cause-effect relationship and does not consider the weight of evidence on the component’s safety.

Consequently, “free from” claims can lead to unfair criticism of safe and legal ingredients, creating uncertainty for consumers. Furthermore, this leads to a “lack of trust and reputational damage” for companies and the industry.The CTPA is concerned that widespread messaging will prevent safe and effective ingredients from being used.   

Preventing unfounded concerns
The CTPA is concerned that widespread messaging will prevent safe and effective ingredients from being used.

“Attempting to gain competitive advantage by creating or encouraging the perception that the

use of a safe and legal ingredient may create immediate or long-term damage to the health of a particular individual is not only unethical but also goes against the legislation in place to protect consumers,” underscores CTPA.

CTPA argues that instead of defending ingredients, the cosmetics industry contributes to the unfounded concern over certain ingredients among consumers by making “free from” claims.

“Companies should consider if there is a real benefit to the consumer for a product to be identifiable as free from certain ingredients,” continues the paper.

EU Technical Document
Moreover, the European Commission’s Technical Document on Cosmetic Claims outlines that “free from” claims are not all prohibited. They are allowed when the consumer is given a choice, for instance, ‘free from animal-derived ingredients in a product intended for vegans.

“Free from” claims cannot be used when declaring the absence of prohibited ingredients when they usually would not be present in the product and when a product guarantee is implied based on the lack of an ingredient. For instance, “preservative-free” is not required in a fragrance.Six Common Criteria for claims are legal compliance, truthfulness, evidential support, honesty, fairness and informed decision-making. 

The Document also says that “free from” claims should not be allowed when they imply a denigrating message caused by an ingredient’s negative assumption. “For example, ‘paraben-free’

should not be accepted because it denigrates a safe and legal group of ingredients,” highlight the CTPA.

The Association shares that the six Common Criteria for claims are legal compliance, truthfulness, evidential support, honesty, fairness and informed decision-making.

Cosmetic claims must comply with Article 20 of the UK Cosmetics Regulation (EU Exit) Regulations 2019 (for the GB market), the EU Cosmetic Products Regulation 1223/2009 and Regulation 655/2013 – Common Criteria for Justification of Claims. 

By Venya Patel