Key takeaways
- Claims must be truthful, and the evidence must exist before the claim is made.
- Instrumental tests, panel tests and consumer perception are different evidence types.
- A claim about a mechanism needs a mechanism study, not a satisfaction survey.
A cosmetic claim is a statement about what a product does, and it must be supported by evidence that the product, used as directed, produces that effect. The evidence has to be in the product information file before the claim appears on the label, and it has to be the right kind of evidence for the kind of claim.
1. The three evidence types
Instrumental testing measures a physical property: hydration by corneometer, elasticity by cutometer, wrinkle depth by image analysis. Panel testing measures what trained or untrained users perceive. Consumer perception measures what a customer reports in a home-use test. A claim should rest on the type that matches it.
2. Instrumental claims
“Reduces wrinkle depth by 20 percent” needs an instrumental measurement on a defined panel over a defined period. The number, the method and the panel size all belong in the file. A claim without the number is a claim that cannot be checked.
3. Perception claims
“94 percent of users said skin felt smoother” needs a home-use test with a stated panel size and a stated questionnaire. This is a legitimate claim if the wording matches the question. “94 percent of users saw fewer wrinkles” is a different claim and needs different evidence.
4. Mechanism claims
“Boosts collagen synthesis” is a mechanism claim and needs a study showing the mechanism, typically in vitro or ex vivo. A satisfaction survey does not support it. This is the most common overreach in the category and the one regulators challenge most often.
5. Comparative claims
“Twice as effective as the leading brand” requires a head-to-head test against that brand. A test against a placebo does not support a comparison. Comparative advertising rules apply as well, which is why so few brands make the claim.
6. “Clinically proven”
The phrase implies a clinical study with a defined protocol, a control and a statistical analysis. A cosmetic is not a drug, and “clinically proven” on a cosmetic is a strong claim that regulators read closely. Most brands are better served by a specific measured claim than by the phrase.
7. Duration claims
“24-hour hydration” requires a measurement at 24 hours. “Up to 8 hours” requires a measurement at 8 hours. A claim about duration is a claim about a specific time point and needs data at that time point.
8. Ingredient versus product
Evidence about an ingredient does not support a claim about a product unless the product delivers the ingredient at the studied dose and in a compatible vehicle. A serum with 0.01 percent of a studied active cannot use the active’s study. The dose is part of the claim.
9. Natural and free-from
“Free from parabens” is factual if true, and it is also a claim that implies a safety benefit. Some markets restrict negative claims that disparage a permitted ingredient. “Natural” is undefined in most markets and is increasingly challenged. Choose wording that states a fact rather than an implication.
10. Retention
Keep the protocol, the raw data, the statistical analysis and the final report for each claim, and keep them for the period the product is on the market plus the retention period. A claim whose evidence cannot be produced on request is a claim that will be withdrawn.
11. Where it fits
Claims run across the anti-aging serum range; the SPF case continues in the SPF entry.
Reference: Claim substantiation guidance and test protocols, 2025
