Article 17 - Regulations on advertising cosmetic product
For the purposes of this Chapter of Code: “cosmetic product” means “any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours” (Article 2 of the Cosmetic Regulation).
(1) Any cosmetic products’ claims, must be supported by adequate and appropriate evidence demonstrating the performance of a product by experimental studies, consumer perception tests, or the use of published information.
(2) Digital techniques may be used to enhance the beauty of images to convey brand personality and positioning or any specific product benefit.
(3) The use of pre and post production techniques such as styling, re-touching, lash inserts, hair extensions, etc., should abide by the following principles:
(a) The advertiser should ensure that the illustration of a performance of an advertised product is not misleading (see Product Claim Substantiation).
(b) Digital techniques should not alter images of models such that their body shapes or features become unrealistic and misleading regarding the performance achievable by the product.
(c) Pre- and post-production techniques are acceptable provided they do not imply that the product has characteristics or functions that it does not have.
(4) The following cases would not be considered misleading: using obvious exaggeration or stylized beauty images that are not intended to be taken literally, or using techniques to enhance the beauty of the images that are independent from the product or effect being advertised.
(5) Testimonials and specialist recommendations may be used to emphasise the characteristics of cosmetic products and create a brand image. Testimonials and specialist recommendations:
(a) may be used in the form of written or spoken statements
(b) must be genuine, responsible and verifiable.
(c) cannot replace material substantiation of a claim (see Product Claim Substantiation).
(d) shall avoid any misrepresentation and misinformation with regards to the nature of the product being advertised, its properties and the achievable results.
(6) Testimonials from celebrities, private persons or consumers, etc., may be used provided they are presented as a personal assessment or impression of a product.
(7) Testimonials should not be considered as proof of product efficacy that can only be established on the basis of adequate and appropriate evidence (see Products’ Claims Substantiation).
(8) Recommendations from medical, para-medical or scientific specialists (referred to as “specialist(s)”) on an ingredient, a product, or a general message on hygiene or beauty, is acceptable provided they are established on the basis of adequate and appropriate evidence (see Product Claims Substantiation). Such specialists must be selected on the basis of their qualifications, expertise or experience in the particular area.
