Cosmetic, Toiletry and Perfumery Association

www.ctpa.org.uk

Dr Chris Flower

Director-General

Common Criteria

for Cosmetic Claims

Job done – or the opening of Pandora’s Box?

Presentation summary:

CAP/BCAP Codes – UK controls

Article 20 of the Cosmetic Products Regulation - EU

The “Common Criteria” for cosmetic claims

Special criteria for specific claims

Future enforcement

The 2016 report on success

Advertising and claims control points:

UK – Clearcast & Advertising Standards Authority

• Self-regulation

Cosmetics Europe – Charter and Guiding Principles on

Responsible Advertising

• Self-regulation

European Union – national SROs – self-regulation

European Union – Cosmetics Regulation

• Legislation

Rest of the world - ?

CAP/BCAP Codes

Codes of advertising practice from the Committee on

Advertising Practice

• Broadcast and non-broadcast advertising codes

• Legal, Decent, Honest, Truthful

• Require adequate and appropriate evidence to

support claims

• www.cap.org.uk

Administered and enforced by the Advertising Standards

Authority

Complaints investigation by ASA

Broadcast - preclearance by Clearcast

How is advertising regulated currently?

UK – Advertising Standards Authority (ASA) and

Clearcast

European Advertising Standards Alliance (EASA) (1992)

• promotes effective self-regulation and responsible

advertising

• ASA-like SROs in each Member State

• But their capacities vary

How is advertising regulated currently?

It works! And has done for many years

But not all Member States of the EU have a mature

system of self-regulation – capacities vary

Consumers being misled?

New minimum standard is adopted by legislation

What has changed for cosmetic products?

What is the new minimum standard?

Claims in the Cosmetics Directive:

• Article 6(3) …not imply that these products have characteristics

which they do not have.

• Article 7a(1)(g) …proof of the effect claimed…

Cosmetic Products Regulation (EC) No 1223/2009 has

extended requirements:

• Article 11(2)(d) …proof of the effect claimed…

• Article 20(1) …not imply these products have characteristics or

functions which they do not have.

Basically, nothing new here

But, Article 20 goes further…

Commission and Member States’ action plan

Consult SCCS or other relevant authorities

Adopt Common Criteria justifying the use of claims –

wherever they appear

Published as Regulation (EU) No 655/2013, July, 2013

EC to submit a report − To European Parliament and Council

− By 11 July 2016

If there is a lack of conformity, take measures

The “Common Criteria” for cosmetic claims

Legal compliance

Truthfulness

Evidential support

Honesty

Fairness

Informed decision-making

The “Common Criteria” for cosmetic claims

LEGAL COMPLIANCE

• NOT ALLOWED:

− Claims that indicate that the product has been authorised or

approved by a competent authority within the EU

− Claims which convey the idea of a specific benefit when this

benefit is mere compliance with minimum legal requirements

The “Common Criteria” for cosmetic claims

TRUTHFULNESS

− A claimed specific ingredient shall be deliberately present

− Ingredient claims do not apply to finished product unless true

− Opinions are not verified claims unless the opinion reflects

verified evidence

The “Common Criteria” for cosmetic claims

EVIDENTIAL SUPPORT

− Claims may be explicit or implicit

− Shall be supported by adequate and verifiable evidence

− Evidence relates to state of the art practices

− Studies used as evidence:

Relevant to the product

Relevant to the benefit claimed

Follow well-designed, well-conducted methodologies

Respect ethical considerations

The “Common Criteria” for cosmetic claims

EVIDENTIAL SUPPORT

− The level of evidence consistent with the type of claim

especially where lack of efficacy may cause a safety problem.

− Clear exaggeration (hyperbole) or abstract statements

− Extrapolating ingredient claims to the finished product

requires adequate and verifiable evidence

− Assessment based on

the weight of evidence

all studies, data and information available

the nature of the claim

the knowledge of end users

The “Common Criteria” for cosmetic claims

HONESTY

− Claims must not exceed supporting evidence

− Special or unique; not if similar products are the same

− If a product benefit is linked to specific conditions, such as

use in association with other products, say so

The “Common Criteria” for cosmetic claims

FAIRNESS

− Claims must be objective

− Must not denigrate competitors

− Must not denigrate ingredients legally used

− Must not create confusion with the product of a competitor

The “Common Criteria” for cosmetic claims

INFORMED DECISION-MAKING

− Clear and understandable to the average user

− Claims must allow an informed choice

Provide sufficient information

− Make sure the audience can understand

Population of relevant Member States

Segments of the population

e.g. different age and gender, professionals or non-professionals

“Marketing communications shall be clear, precise, relevant and

understandable by the target audience.”

Job done?

We have Common Criteria required by Article 20

They are consistent with existing self-regulatory codes of

practice

Guidance is being developed on the detail

They are not for borderline decision-making!

Job done? Not quite… some Member States have

specific concerns

Special criteria

Some claims require further guidance:

• Health-related claims (e.g. clinically tested)

• Hypoallergenic

• ‘Free from’

• ‘Natural’ and ‘organic’ (or ‘bio’ in some countries)

Cosmetics Europe - the Common Criteria still apply

Limit to these examples or expand inexorably?

• Have we opened Pandora’s Box?

Clinically tested

Not seen as a high priority

Must conform to the Common Criteria

Are they sufficient on their own?

Many such claims are not cosmetic claims

Hypoallergenic (and similar)

Not a priority at present

Not a common claim any more

Cosmetics Europe has a position drafted

• Choice of ingredients

• Testing for incidence of reactions

We acknowledge the SCCS opinion – that such claims

are not to be encouraged

“Free from” claims

Polarised views amongst advertisers

Provide consumer information

Inherently denigrating ingredients or groups of

ingredients

Seen by some Member States as misleading

• e.g. preservative-free (but containing anti-bacterial

compounds)

These will be tackled – robustly!

Natural and ‘organic’

A difficult area:

• commercial sensitivities

• many certifying bodies

• differing criteria and standards

• technically complex

Not for CTPA or Cosmetics Europe to decide?

Not for the European Commission either?

ISO (International Standards Organisation) Task Force

Future enforcement

Currently, claims are subject to self-regulation

− By SROs such as ASA

− This will continue

Cosmetics Europe (Sept. 2012)

Charter and Guiding Principles on Responsible

Advertising and Marketing Communication

− Companies to comply with national advertising codes

− Administered by people experienced in monitoring

advertising

Future enforcement

The new Common Criteria are legislation

Will be enforced by the competent authorities for

cosmetics

• Do they understand advertising?

• Will there be contradictions?

• At present, no, but for the future?

CTPA working with Trading Standards and BIS in the UK

What benefits to the cosmetics industry?

Now we have to manage two masters:

• SROs

• Competent authorities

Charter says comply with both

Thankfully the Common Criteria are consistent with all

national codes, including the UK CAP/BCAP

But what if they were different?

The 2016 EC report on success

Common Criteria apply from 11 July, 2013

The European Commission must report to Council and

the European Parliament by 11 July 2016

If claims are not in conformity with the common criteria,

the EC shall take appropriate measures to ensure

compliance

• These measures are not specified

The 2016 EC report on success

Demonstration of compliance is in the interests of the

industry

The Common Criteria must be seen as a success or

further regulatory intervention may follow

The greater the intervention, the higher the risk of

contradictions with national codes

That would lead to further compliance problems

Thank you…

Any questions ?

www.ctpa.org.uk

www.thefactsaout.co.uk