Common Criteria for Cosmetic Claims Job done or the opening of Pandora s Box? Dr Chris Flower Director-General Cosmetic, Toiletry and Perfumery Association www.ctpa.org.uk
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