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Advertising cosmetics: what you may promise – and what you may not
Advertising for cosmetics must not imply characteristics or functions that the product does not have – on the label, in the shop and in any advertising (Art. 20(1) Regulation (EC) No 1223/2009). Every claim must meet six common criteria: legal compliance, truthfulness, evidential support, honesty, fairness and informed decision-making (Regulation (EU) No 655/2013). Unlike for food supplements, there is no list of authorized wordings – what counts is the evidence and how the average consumer understands the claim. Statements about curing, relieving or preventing disease are off-limits. Switzerland has adopted the six criteria and also explicitly bans references to anti-inflammatory effects.
Two words before the European Court of Justice
In 1999 and 2000, Austrian authorities found two managing directors guilty of an administrative offense. The reason: a liquid soap and a hair bath carried the words “dermatologically tested”. Austria’s food law at the time banned, among other things, references to expert opinions for cosmetic products. The Austrian Supreme Administrative Court referred the case to the European Court of Justice.
The judgment of October 24, 2002 (Case C-99/01, Linhart and Biffl) remains a compass for cosmetics advertising today. The Court took the reasonably well-informed, observant and circumspect average consumer as its yardstick. For that consumer, “dermatologically tested” means: the product was tested for its effects on the skin, the result was favorable, and it is well tolerated or at least not harmful (para. 32). The claim was therefore not misleading, and Austria could not ban it across the board (paras. 35 and 39).
The lesson cuts both ways: a claim is read the way an average consumer understands it – and exactly that must be true. “Dermatologically tested” requires such a test with a favorable result.
The basic rule: imply nothing that is not there
Article 20(1) of Regulation (EC) No 1223/2009 is short: in the labeling, making available on the market and advertising of cosmetic products, text, names, trademarks, pictures and other signs must not be used to imply that the products have characteristics or functions which they do not have.
How to check this is set out in Regulation (EU) No 655/2013. It applies to all claims, explicit or implicit, in any medium and for any target audience (Art. 1) – so to the label, website, social media post and studio flyer alike. The responsible person ensures that claims meet the criteria and are consistent with the evidence in the product information file (Art. 2).
One difference from food supplements is worth knowing: for cosmetics, there is no list of authorized wordings. The common criteria are explicitly not aimed at defining the wording of claims (recital 7). So think of the rules as a pair of scales: the claim goes in one pan, the evidence in the other. The claim must never weigh more.
The six common criteria
| Criterion | What it requires | Example |
|---|---|---|
| 1. Legal compliance | No claim that a product has been authorized or approved by an authority. No benefit that is mere compliance with minimum legal requirements. | “Complies with the EU Cosmetics Regulation” – every product must. |
| 2. Truthfulness | Ingredients mentioned are deliberately present. The properties of an ingredient are not attributed to the product if it does not have them. Opinions are not presented as verified claims. | “48-hour hydration” only if the evidence supports 48 hours. |
| 3. Evidential support | Adequate and verifiable evidence reflecting the state of the art; studies are relevant to the product and benefit and methodologically sound. Clear exaggerations that nobody takes literally need no evidence. | Results from lab or computer models must not suggest an effect in humans. |
| 4. Honesty | The presentation of performance does not go beyond the evidence. No uniqueness if similar products can do the same. Conditions for the effect are stated. | No electronically manipulated before-and-after images that misrepresent performance. |
| 5. Fairness | Stay objective; do not denigrate competitors or legally used ingredients; no confusion with competitors’ products. | “Paraben-free” as a quality promise denigrates a whole group of permitted substances. |
| 6. Informed decision-making | Clear and understandable for the average consumer, with the information needed for an informed choice, suited to the target audience. | Technical language can be appropriate for professionals – consumers need plain words. |
The criteria are set out in the Annex to Regulation (EU) No 655/2013. The examples come from the guidance of the working group on cosmetic products (Technical document on cosmetic claims). It is not legally binding, but it shows how authorities read the criteria.
The borderline with medicinal products
A cosmetic product is intended to clean the skin, hair, nails or lips, perfume them, change their appearance, protect them, keep them in good condition or correct body odors (Art. 2(1)(a)). Healing is not on that list.
If advertising drifts toward disease, a cream can legally turn into a medicinal product. Medicinal products are substances presented as having properties for treating or preventing disease in human beings – or substances used to restore, correct or modify physiological functions by exerting a pharmacological, immunological or metabolic action (Art. 1(2) Directive 2001/83/EC). Where a product may fall under both definitions, medicines law applies in cases of doubt (Art. 2(2)).
National rules come on top:
- Germany: the Therapeutic Products Advertising Act also applies to cosmetic products as soon as the advertising refers to detecting, eliminating or relieving diseases, suffering, bodily harm or pathological complaints (Section 1(1) No. 2(a) and (2) HWG). It is then misleading, for example, to attribute therapeutic effects to a product that it does not have (Section 3 HWG).
- Austria: for cosmetic products, the ban on misleading information and the ban on attributing properties of preventing, treating or curing disease apply accordingly. Disease-related statements that refer to a cosmetic purpose remain permitted (Section 18(2) in conjunction with Section 5(2) to (4) LMSVG).
For your copy, this means: stay with appearance, skin feel and care. As soon as your texts talk about curing, relieving or preventing, about inflammation or about repairing DNA, you leave the field of cosmetics.
Do’s and don’ts: wording compared
The examples are general. Every claim needs evidence for your specific product.
| Do | Better not | Why |
|---|---|---|
| “Moisturizes and makes skin look smoother.” (if substantiated) | “Anti-aging serum: stops skin aging.” | The presentation of performance must not go beyond the evidence (criterion 4(1)). |
| “Care for sensitive skin.” | “Has an anti-inflammatory effect.” | Disease reference, borderline with medicinal products (Art. 1(2) Directive 2001/83/EC); explicitly banned in Switzerland (Art. 47(3) LGV) |
| “Dermatologically tested” with a test under dermatological supervision and a favorable result | “Dermatologically tested” based on a customer survey | Consumer expectation (CJEU, C-99/01); self-perception is not enough according to the guidance |
| “Free from animal-derived ingredients – for vegan customers.” (if true) | “Paraben-free – and therefore better tolerated.” | Denigrates legally used ingredients (criterion 5(1)) |
| “Hypoallergenic” only with robust data showing a very low allergenic potential | “Free from allergenic substances” | A complete absence of allergy risk cannot be guaranteed (guidance, Annexes III and IV). |
| “The selection and dosage of the active ingredients follow your genetic analysis.” | “Repairs your genes.” / “Corrects gene defects.” | Suggests a physiological action (Art. 1(2)(b) Directive 2001/83/EC) and cannot be substantiated (criterion 3(1)). |
Genes in advertising: tell honestly what is personalized
Personalized cosmetics have a strong story – which is exactly why it pays to tell it precisely. At Novogenia, the genetic result changes the selection and the dosage of the active ingredients. You may say so, because it describes how the product is made. Four rules help you:
- Process, not miracles: “Your formula is based on your genetic profile” describes a process. “Your skin stops aging” promises a result that would need evidence (criteria 3 and 4).
- Put genes in context: the beauty analysis is a lifestyle analysis, not a medical diagnosis, and genes are one factor among many. The genetic traits are well documented; recommendations derived from them are logical conclusions. Say so openly.
- No disease risks: statements about disease risks do not belong in advertising for a cosmetic product.
- Research is not product evidence: studies on a gene or an ingredient do not show what your serum does. Extrapolating an ingredient’s properties to the product needs its own evidence (criterion 3(6)).
Advertising the genetic analysis itself is subject to its own rules – more in Advertising genetic tests. What research shows about skin and genes is summarized in Skin and genes.
Unfair competition law and new rules for environmental claims
Unfair competition law applies alongside cosmetics law. In Germany, a commercial practice is misleading if it contains untrue information or other information likely to deceive – for example about the results to be expected from use or about the results of tests (Section 5(2) No. 1 UWG). In Austria, Section 2 UWG prohibits misleading commercial practices.
Since September 27, 2026, Member States have also applied Directive (EU) 2024/825 (Art. 4(1)). It adds to the practices that Directive 2005/29/EC considers unfair in all circumstances, among others:
- generic environmental claims such as “environmentally friendly” without demonstrated recognized excellent environmental performance (Annex I No. 4a),
- sustainability labels not based on a certification scheme or established by public authorities (No. 2a),
- climate-neutral claims based on offsetting emissions (No. 4c),
- presenting legal requirements for all products in a category as a special feature of one’s own offer (No. 10a).
Switzerland: the same criteria, an explicit ban on health claims
Switzerland has adopted the six criteria almost word for word: claims for cosmetic products must comply with the criteria in Annex 6 of the VKos (Art. 10(2) VKos). The ban on misleading claims and the rule on “no animal testing” claims also mirror the EU (Art. 10(1) and (3) VKos). Two rules with a profile of their own sit above them:
- Protection against deception in the act: all information on cosmetics must be factually correct. Presentation, labeling, packaging and advertising must not mislead consumers – in particular not about particular effects or the special value of the product (Art. 18 LMG).
- Explicit ban on health claims: references of any kind to a disease-curing, disease-relieving or disease-preventing effect of consumer products are prohibited. As examples, the ordinance explicitly names medical or therapeutic properties as well as disinfecting or anti-inflammatory effects (Art. 47(3) LGV).
The difference from the EU lies less in the outcome than in the clarity: Switzerland spells it out in black and white. For personalized skincare that addresses a genetic tendency toward inflammation, this means: describe the care, for example for sensitive skin – never an anti-inflammatory effect. If you advertise the genetic analysis itself in Switzerland, additional rules apply, see Advertising genetic tests.
Checklist before every publication
- Every performance claim is backed by evidence that matches the product information file – and agreed with the responsible person.
- Not a word about curing, relieving or preventing disease – not in images, videos or comments either.
- Active ingredients mentioned are deliberately present; ingredient studies are not sold as product evidence.
- No advertising of the obvious, such as EU compliance or GMP; no denigration of competitors or permitted ingredients.
- Personalization is described specifically; genes are presented as one factor among many.
- Environmental claims are specific and substantiated.
- For Switzerland: no references to anti-inflammatory or other therapeutic effects.
Frequently asked questions
May I use “anti-aging” for a cream?
May I advertise “dermatologically tested”?
May I cite studies on an active ingredient?
May I say that the skincare is matched to the customer’s genes?
Who is responsible for advertising in my studio or shop?
Related: Labeling cosmetics: mandatory information · Advertising genetic tests · Advertising longevity
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Request a project →Discover BeautyMeNote: This guide is general information for businesses and professionals and does not replace legal advice. BeautyMe products are cosmetic products; statements in this guide are not promises of cure. The genetic traits determined in a genetic analysis are well documented (each gene included is backed by at least three independent studies); recommendations for skincare and formulation derived from them are logical conclusions, not scientifically proven. Regulations can change; errors and changes excepted.