Cosmetic Claim Substantiation in the United States: Legal Considerations

Control of consumer product claims in the United States, including representations about cosmetic products, is governed by federal and state law, by private judicial actions against false and misleading advertising, and by programs administered by voluntary industry organizations. While with some exceptions, cosmetic labeling and advertising need not be approved prior to its use, a cosmetic marketer devising advertising and labeling statements for the United States must have a reasonable basis for, and be able to substantiate, claims. The potential penalties for making unsubstantiated claims include federal, state, and private sanctions. This chapter will identify the bases for claim substantiation requirements for cosmetic products in the United States.