COMMISSION REGULATION (EU) No 655/2013  
of 10 July 2013  
laying down common criteria for the justification of claims used in relation to cosmetic products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
Having regard to Regulation (EC) No 1223/2009 of the 
European Parliament and of the Council of 30 November 
2009 on cosmetic products (  1 ), and in particular the second 
subparagraph of Article 20(2) thereof,  
Whereas:  
(1) End users as defined in Article 2(1)(f) of Regulation (EC) 
No 1223/2009 are faced with a wide diversity of claims 
relating to the function, content and effects of a cosmetic 
product. As cosmetic products play such a big part in 
end users’ lives, it is important to ensure that the 
information conveyed to them through such claims is 
useful, understandable and reliable, and that it enables 
them to take informed decisions and to choose the 
products that best suit their needs and expectations.  
(2) Product claims of cosmetic products serve mainly to 
inform end users about the characteristics and qualities 
of the products. Those claims are essential ways of differ ­
entiating between products. They also contribute to 
stimulating innovation and fostering competition.  
(3) Common criteria should be laid down at Union level in 
order to justify the use of a claim made in relation to 
cosmetic products. The main objective of laying down 
common criteria is to guarantee a high level of 
protection for end users, in particular from misleading 
claims in relation to cosmetic products. A common 
approach at Union level should also ensure better 
convergence of actions taken by the Member States’ 
competent authorities, and prevent distortions in the 
internal market. Such an approach should also enhance 
cooperation between national authorities responsible for 
the enforcement of consumer protection as laid down in 
Regulation (EC) No 2006/2004 of the European 
Parliament and of the Council of 27 October 2004 on 
cooperation between national authorities responsible for 
the enforcement of consumer protection laws (the Regu ­
lation on consumer protection cooperation) (  2 ). (4) Article 20 of Regulation (EC) No 1223/2009 applies to 
products that fall under the definition of a cosmetic 
product in Article 2 of this Regulation. The common 
criteria only apply when it has been assessed that the 
product in question is indeed a cosmetic product. It is 
for the national competent authorities and national 
courts to decide on a case-by-case basis which regulatory 
framework applies.  
(5) The common criteria should apply without prejudice to 
Directive 2005/29/EC of the European Parliament and of 
the Council of 11 May 2005 concerning unfair business- 
to-consumer commercial practices in the internal market 
and amending Council Directive 84/450/EEC, Directives 
97/7/EC, 98/27/EC and 2002/65/EC of the European 
Parliament and of the Council and Regulation (EC) No 
2006/2004 of the European Parliament and of the 
Council (‘Unfair Commercial Practices Directive’) (  3 ), to 
Directive 2006/114/EC of the European Parliament and 
of the Council of 12 December 2006 concerning 
misleading and comparative advertising (  4 ), and to other 
applicable Union legislation.  
(6) A flexible approach should be taken towards communi ­
cating the messages to end users so as to take into 
account the social, linguistic and cultural diversity of 
the Union and to preserve the innovation and the 
competitiveness of European industry. Such an 
approach is consistent with the principles enunciated 
by the Court of Justice, which has pointed out on 
several occasions that, in order to determine whether a 
claim is capable of misleading the consumer, it is 
necessary to consider the latter’s expectations, taking 
account of the specific context and circumstances in 
which the claim is made, including social, cultural and 
linguistic factors (  5 ). 
(7) Whilst ensuring that the same principles are respected 
throughout the Union, the common criteria should not 
aim at defining and specifying the wording that can be 
used for cosmetic product claims.  
(8) In order to ensure that the common criteria for cosmetic 
claims apply from the same date as Regulation (EC) No 
1223/2009, this Regulation should apply from 11 July 
2013.EN 11.7.2013 Official Journal of the European Union L 190/31  
( 1 ) OJ L 342, 22.12.2009, p. 59.  
( 2 ) OJ L 364, 9.12.2004, p. 1.  ( 3 ) OJ L 149, 11.6.2005, p. 22.  
( 4 ) OJ L 376, 27.12.2006, p. 21.  
( 5 ) See e.g. Case C-220/98, Estée Lauder Cosmetics vs. Lancaster [2000] 
ECR I-00117, paragraph 29.(9) The measures provided for in this Regulation are in 
accordance with the opinion of the Standing 
Committee on Cosmetic Products,  
HAS ADOPTED THIS REGULATION:  
Article 1  
This Regulation shall apply to claims in the form of texts, 
names, trademarks, pictures and figurative or other signs that 
convey explicitly or implicitly product characteristics or 
functions in the labelling, the making available on the market 
and advertising of cosmetic products. It shall apply to any 
claim, irrespective of the medium or type of marketing tool 
used, the product functions claimed, and the target audience.  Article 2  
The responsible person referred to in Article 4 of Regulation 
(EC) No 1223/2009 shall ensure that the wording of the claim 
in relation to cosmetic products is in compliance with the 
common criteria set out in the Annex and is consistent with 
the documentation proving the effect claimed for the cosmetic 
product in the product information file referred to in Article 11 
of Regulation (EC) No 1223/2009.  
Article 3  
This Regulation shall enter into force on the day following that 
of its publication in the  Official Journal of the European Union . 
It shall apply from 11 July 2013.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 10 July 2013.  
For the Commission  
The President  
José Manuel BARROSOEN L 190/32 Official Journal of the European Union 11.7.2013ANNEX  
COMMON CRITERIA  
1. Legal compliance  
(1) Claims that indicate that the product has been authorised or approved by a competent authority within the Union 
shall not be allowed.  
(2) The acceptability of a claim shall be based on the perception of the average end user of a cosmetic product, who is 
reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and 
linguistic factors in the market in question.  
(3) Claims which convey the idea that a product has a specific benefit when this benefit is mere compliance with 
minimum legal requirements shall not be allowed.  
2. Truthfulness  
(1) If it is claimed on the product that it contains a specific ingredient, the ingredient shall be deliberately present.  
(2) Ingredient claims referring to the properties of a specific ingredient shall not imply that the finished product has 
the same properties when it does not.  
(3) Marketing communications shall not imply that expressions of opinions are verified claims unless the opinion 
reflects verifiable evidence.  
3. Evidential support  
(1) Claims for cosmetic products, whether explicit or implicit, shall be supported by adequate and verifiable evidence 
regardless of the types of evidential support used to substantiate them, including where appropriate expert 
assessments.  
(2) Evidence for claim substantiation shall take into account state of the art practices.  
(3) Where studies are being used as evidence, they shall be relevant to the product and to the benefit claimed, shall 
follow well-designed, well-conducted methodologies (valid, reliable and reproducible) and shall respect ethical 
considerations.  
(4) The level of evidence or substantiation shall be consistent with the type of claim being made, in particular for 
claims where lack of efficacy may cause a safety problem.  
(5) Statements of clear exaggeration which are not to be taken literally by the average end user (hyperbole) or 
statements of an abstract nature shall not require substantiation.  
(6) A claim extrapolating (explicitly or implicitly) ingredient properties to the finished product shall be supported by 
adequate and verifiable evidence, such as by demonstrating the presence of the ingredient at an effective concen ­
tration.  
(7) Assessment of the acceptability of a claim shall be based on the weight of evidence of all studies, data and 
information available depending on the nature of the claim and the prevailing general knowledge the end users.  
4. Honesty  
(1) Presentations of a product’s performance shall not go beyond the available supporting evidence.  
(2) Claims shall not attribute to the product concerned specific (i.e. unique) characteristics if similar products possess 
the same characteristics.  
(3) If the action of a product is linked to specific conditions, such as use in association with other products, this shall 
be clearly stated.  
5. Fairness  
(1) Claims for cosmetic products shall be objective and shall not denigrate the competitors, nor shall they denigrate 
ingredients legally used.  
(2) Claims for cosmetic products shall not create confusion with the product of a competitor.EN 11.7.2013 Official Journal of the European Union L 190/336. Informed decision-making  
(1) Claims shall be clear and understandable to the average end user.  
(2) Claims are an integral part of products and shall contain information allowing the average end user to make an 
informed choice.  
(3) Marketing communications shall take into account the capacity of the target audience (population of relevant 
Member States or segments of the population, e.g. end users of different age and gender) to comprehend the 
communication. Marketing communications shall be clear, precise, relevant and understandable by the target 
audience.EN L 190/34 Official Journal of the European Union 11.7.2013