Guideline on Cosmetic Product Claims and Important Updates on Borderline Products
The Turkish Medicines and Medical Devices Agency (TİTCK) has introduced significant updates to two essential guidelines related to the cosmetics industry. These updates are aimed at ensuring that cosmetic companies make product claims more transparently, accurately, and in line with legal compliance. Below, the most important changes in these guidelines are detailed.
- Updates on Annex 3 of the Guideline on Cosmetic Product Claims – “Free-from” Claims
The “Free-from Claims” criteria in Annex 3 of the Guideline on Cosmetic Product Claims, published by TİTCK, have been updated. Here are the changes:
- Legal Compliance Criterion:
- Newly Added Statement: “If a group of ingredients contains one or more components that are prohibited by the Regulation, the claim that the product does not contain this group of ingredients cannot be used.”
- Explanation: This new regulation emphasizes that claims based on banned ingredient groups could mislead consumers, and such claims should not be used.
- Accuracy Criterion:
- Newly Added Statement: “The absence of SLS/SLES in a product is not sufficient to claim ‘sulfate-free,’ as this claim represents a broad group of ingredients.”
- Explanation: The product content claims must be accurate and specific, and broad claims can be misleading.
- Honesty Criterion:
- Updated Statement: “The claim ‘fragrance-free’ cannot be used if any ingredient provides fragrance to the product, regardless of its other functions. This claim can only be used if an analysis proves that the product is odorless, and this analysis report is submitted during the notification phase.”
- Explanation: This regulation requires scientific analysis reports to support the use of the ‘fragrance-free’ claim. It aims to provide more reliable and accurate information to consumers.
- Updates on Article 9 of the Guideline on Borderline Products with Cosmetic Products
Another significant change has been made to the Guideline on Borderline Products with Cosmetic Products. This guideline is designed to clarify the boundaries between cosmetic products and other product categories.
- Updated Article 9, Fourth Paragraph, Subparagraph (ç), Clause 39:
- New Statement: “Products intended to remove adhesives used to affix items to the skin or nails, due to their cleaning purpose, are not considered cosmetic products.”
- Explanation: This update clearly states that products designed to remove adhesives from the skin or nails are not classified as cosmetic products since they serve a cleaning function.
These new regulations require that product claims used in the marketing and promotion of cosmetics be more accurate, transparent, and legally compliant. Companies must be more cautious when making “free-from” claims and ensure clarity regarding the classification of their products. Non-compliance with these changes could result in legal sanctions and a loss of consumer trust.
To ensure that your cosmetic products comply with these new regulations and that your claims are supported by scientific data, contact us. Let credibility and legal compliance be your strongest assets in marketing your products.