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Introduction
“Free from parabens”, “0% alcohol”, “without silicones”—these types of statements have become increasingly common on cosmetic product labels. They’re catchy and resonate with consumers looking for “cleaner” or “safer” options. But behind the marketing appeal lies a complex regulatory reality.
How do you determine what advertising and labelling claims are properly representing your product according to legislative or regulatory requirements?
Within the European Union, cosmetic claims are not merely promotional tools; they are regulated elements that must adhere to specific legal criteria. Also, in the US or Canada, these claims must be truthful and properly justified.
In this article, we will break down what “free from” claims are, what is allowed under EU, UK, US and Canadian regulations, and the risks of non-compliance for cosmetic brands.
What Does the Law Say About Cosmetic Claims?
All cosmetic claims made within the EU and the UK must comply with Article 20 of the EU and UK Regulations, which establishes that information presented on cosmetic products must not mislead consumers.
This is further reinforced by Commission Regulation (EU) No 655/2013, which outlines six Common Criteria that every claim, whether it’s about efficacy, ingredients, or safety, must follow:
- Legal compliance
- Truthfulness
- Evidential support
- Honesty
- Fairness
- Informed decision-making
Claims that fail to meet one or more of these criteria may be considered misleading or unfair and can trigger enforcement actions.
On the other side of the Atlantic Ocean, the US and Canada require that “Free From” claims in cosmetic products be truthful and not misleading. The FDA and FTC regulate these claims in the US, while Health Canada oversees them in Canada, ensuring that all claims are substantiated and do not mislead consumers. For the US, no guidelines are published, but for Canada, the “Guidelines for the Nonprescription and Cosmetic Industry Regarding Non-Therapeutic Advertising and Labelling Claims” are publicly available.
Understanding the Technical Framework for “Free From” Claims in the EU and UK
To provide further clarity, the European Commission’s Technical Document on Cosmetic Claims (endorsed by the Sub-Working Group on Claims) includes a dedicated annex (Annex III) to interpret how these six criteria apply specifically to “free from” claims.
Although not legally binding, this document reflects the consensus among EU Member States, and now the UK too, and serves as a reference for authorities during inspections and enforcement actions.
What do the Canadian Guidelines say?
ASC’s Guidelines have two principal purposes: to provide guidance to the nonprescription drug industry regarding acceptable wording for non-therapeutic claims that appear on the labels, and to provide guidance to the cosmetic industry regarding which claims are considered therapeutic, and as such cannot appear on the labels or in advertising of cosmetic products.
This guidance is based on the principle that labelling and advertising for products that modify or restore organic functions in humans, or impact human disease, are permissible only on health products supported by appropriate evidence.
The claims listed in the Guideline are examples only; they must be true, verifiable, and accurately communicate product features, characteristics and performance. These claims will be evaluated within the context of the advertisement/label/name, and net impression will be taken into account.
When Are “Free From” Claims Acceptable?
- When They Enable Informed Decision-Making
Claims such as “free from animal-derived ingredients” for vegan users or “free from alcohol” in products targeted at children or sensitive groups are typically acceptable—if they are truthful and not misleading.
- When They Are Relevant and Verifiable
If a product claims to be “free from acetone”, that ingredient must be completely absent and not replaced with a substance that serves the same functional purpose. The absence must be supported by verifiable documentation.
When “Free From” Claims Cross the Line? Examples for the EU & UK
- Prohibited Ingredient Claims
Claiming “free from corticosteroids” or “free from hydroquinone” is not allowed, as these ingredients are already banned under EU and UK law. Highlighting their absence gives a false impression of added safety.
- Truthfulness and Ingredient Functions
A “free from formaldehyde” claim is not permitted if the product includes formaldehyde-releasing preservatives (e.g. diazolidinyl urea). Similarly, “free from preservatives” is misleading if the product contains ingredients like alcohol that serve as antimicrobial agents, even if they’re not listed in Annex V of the EU & UK Cosmetic Regulations.
- Denigrating Legal Ingredients
This is perhaps the most sensitive area. Claims like “free from parabens” or “free from phenoxyethanol” are problematic because they indirectly imply that legally approved and safe ingredients are harmful. This type of messaging is considered denigrating and goes against the principle of fairness.
As the CTPA (UK Cosmetic, Toiletry and Perfumery Association) notes, such statements create unjustified fear and confusion among consumers, and authorities in countries like France and Spain are beginning to take action during inspections.
What Brands and Responsible Persons Should Know?
If you’re marketing cosmetic products, please avoid making “free from” claims that suggest a product is safer simply because it lacks a legally authorised ingredient.
Always verify that the claimed absence is complete and supported by documentation, and consider the functional role of every ingredient. An ingredient with a dual purpose (e.g. fragrance + antimicrobial effect) could invalidate a “free from” claim.
Stay updated on enforcement trends across the different regulations. Even if a claim hasn’t triggered sanctions in one country, it might be challenged in another.
Conclusion
“Free from” claims may be effective in grabbing consumer attention, but they’re not immune to regulatory scrutiny. In the EU, every cosmetic claim must respect principles of fairness, honesty, and legal accuracy, not just marketing appeal. Brands must strike a balance between transparency and compliance, ensuring that their claims are scientifically backed and do not mislead or confuse consumers.
References and Further Reading
- Technical Document on Cosmetic Claims (Annex III – “Free from” claims), agreed by the Sub-Working Group on Claims, version of 3 July 2017.
- CTPA Help Note on ‘Free From’ Claims, March 2019.
- Guidelines for the Nonprescription and Cosmetic Industry Regarding Non-therapeutic Advertising and Labelling Claims.
