Marketing Claims for Cosmetics
The words you use determine whether your product is a cosmetic or a drug
The Fine Line
The FDA defines cosmetics as products intended to "cleanse, beautify, promote attractiveness, or alter the appearance." The moment you claim your product does something therapeutic—treats, heals, prevents, or affects the structure/function of the body—it becomes a drug requiring FDA pre-market approval.
The Critical Rule
It's not your formula that determines classification—it's your CLAIMS. Two identical products can be classified differently based solely on what the manufacturer says about them.
Safe Cosmetic Claims
Cosmetic claims focus on appearance and temporary aesthetic effects.
Moisturizing & Appearance
- "Moisturizes skin"
- "Hydrates dry skin"
- "Leaves skin feeling soft"
- "For a radiant glow"
- "Smooths appearance of skin"
- "Brightens complexion"
Cleansing & Texture
- "Gently cleanses"
- "Removes makeup"
- "Deep cleansing"
- "Purifying"
- "Luxurious feel"
- "Silky smooth texture"
Appearance vs. Function
| Cosmetic (Appearance) | Drug (Function) |
|---|---|
| "Minimizes appearance of wrinkles" | "Reduces wrinkles" |
| "Skin looks younger" | "Makes skin younger" |
| "For more even looking complexion" | "Evens skin tone" |
| "Temporarily plumps skin" | "Increases collagen" |
Pro Tip
Words like "appearance," "look of," and "visibly" help keep claims cosmetic by emphasizing aesthetic rather than physiological changes.
Drug Claims to Avoid
NEVER Use Without Approval
If you make these claims, your product is an unapproved drug unless it meets a specific OTC monograph or has separate approval.
Conditions
- "Treats acne"
- "For eczema relief"
- "Treats psoriasis"
- "Cures dandruff"
- "Prevents hair loss"
Physiological
- "Antibacterial"
- "Antifungal"
- "Kills germs"
- "Heals/Healing"
- "Anti-inflammatory"
Customer Perception
FDA considers everything associated with your product as "labeling" when determining intended use.
- Product names and label claims
- Website product descriptions and blog posts
- Social media captions and shared customer reviews
- Email marketing and hashtags
- Promotional materials and brochures
The Testimonial Trap
Customer reviews you share become YOUR claims. Sharing a review that says "This cured my eczema!" is the same as you making that drug claim yourself.