Report from the Commission to the European Parliament and the Council on product claims made based on common criteria in the field of cosmetics

The European cosmetics industry is a dynamic and competitive sector. Each year, about 25 % of cosmetic products on the European market are new. Europe is the global leader in cosmetics, with a €77 billion total retail market size. It exports one-third of all cosmetic products sold worldwide.

Cosmetics encompass a very wide spectrum of products in a variety of product categories, ranging from shampoos, fragrances and hair colours to sunscreens, toothpaste and deodorants. Considering the high number of cosmetic products available on the EU market (more than 1 million different products), it is very important to provide consumers with specific, understandable and reliable information, substantiated using generally accepted methods, to enable them to make informed choices and compare products to find the ones that best suit their needs.

Product claims and advertising are essential tools for informing consumers about characteristics and qualities and help them choose the products that best suit their needs and expectations. Today, virtually every cosmetic product placed on the EU market bears a type of communication which falls into the scope of product claims. Product claims are also marketing tools used by the cosmetic companies to distinguish their products from the competitors, thus they might contribute to the functioning of the internal market and to stimulating innovation and competition among companies.

For cosmetic product claims to meet their purposes adequately, it is important to have an efficient framework in place which ensures that they are fair and do not mislead consumers, taking into account the context and the marketing tools (irrespective of whether it is printed material, a TV advertisement or using any kind of new media such as internet or smart phones) in which such claims are shown.

To achieve this, competent authorities in charge of market surveillance must be able to easily verify all claims based on harmonised common criteria at EU level. The Commission adopted common criteria by Regulation (EU) 655/2013 (the Claims Regulation), for the justification of claims made in relation to cosmetic products. In addition, Regulation (EC) No 1223/2009 (the Cosmetics Regulation) requires the Commission to submit by 11 July 2016 to the European Parliament and the Council a report regarding the use of claims on the basis of the common criteria adopted.

The main objective of this report is to assess the legal compliance of cosmetics-related claims with the common criteria adopted and to specify the corrective measures that the Commission and Member States intend to take in cases of non-compliance.