Claims, compliance and consumer awareness tips

Ingredients in the formulation of a product are arguably the most important aspect of any consumer product, as it’s the formulation that produces the desired effect. Cosmetic products are no exception to this, as they are used to deliver an effect, be it ‘cleansing, perfuming, correcting body odours, conditioning, beautifying, protecting, or promoting attractiveness’. By Yashmay Gordhon, CTFA

The aesthetic appeal of packaging, together with product claims, and the product descriptor itself are often foremost to pique a consumer’s interest in a product. However, the formulation that will provide the desired effect is no longer overlooked. Consumers are increasingly aware of ingredients considered ‘good’, ‘clean’ or ‘safe’, and those that are considered ‘unhealthy’ or ‘unsafe’ – often informed by the hype created by social media. Understanding cosmetic ingredients has become increasingly important in terms of their description, limits for use and use restrictions and the actual meaning of ingredient claims made on packaging. Like any product, consumers develop an interest in certain trends, which often dictates the types of ingredients consumers actively seek or prefer.

Naming and labelling ingredients

Cosmetic ingredients range from extracts, seeds, juices and powders to preservatives, colourants, diluents and solvents etc. Differing from pharmaceutical products, cosmetics do not contain ‘active ingredients’, as this would denote a medicinal function, which a cosmetic product does not provide.

The cosmetic ingredient listing also differs from other consumer products, in that it must adhere to a specific system of naming ingredients, known as the International Nomenclature for Cosmetic Ingredients or INCI. This harmonised listing of ingredients across different countries allows consumers to identify and recognise ingredient names on cosmetics sold worldwide. This system of naming ingredients also eliminates confusion that may arise as a result of listing ingredient trade names or common names, which can differ from country to country.

Understanding cosmetic ingredients has become increasingly important in terms of their description, limits for use and use restrictions

As outlined by the Department of Health’s (DOH) Government Notice R1469 draft Regulations relating to Labelling, Advertising and Composition of Cosmetics, 22 December 2017, the requirement for a cosmetic ingredient listing is that the labelling of a product must include ‘the list of ingredients according to INCI nomenclature’. Should the packaging be too small, the ingredient listing must appear ‘on an attached leaflet, label, inlay, tape, tag or card’ or ‘on a notice in close proximity to the container in which the cosmetic product is exposed for sale’.

The restrictions outlined

Similar to pharmaceuticals, for safety reasons, certain ingredients can be used with specified limits and/or under certain restrictions only. The Annexes of Government Notice R 1469 draft Regulations Relating to Labelling, Advertising and Composition of Cosmetics, 22 December 2017, provides the legislative requirements for such ingredients. In some cases, the use of restricted ingredients must be accompanied by a warning statement on the label to ensure that the consumer is informed about the use conditions of the product when purchasing or using the product, and to prevent the use of the product under incorrect conditions, which may lead to an adverse reaction.

Allergens are often constituents of fragrance ingredients. There are currently 26 fragrance allergens; their presence must be explicitly indicated on the product label should their concentration exceed 0.001% in leave-on products and 0.01% in rinse-off products. IFRA, the International Fragrance Association lists the fragrance ingredients that are prohibited or should only be used under specified conditions. This list was updated in 2020 and is important to consider when developing fragrance-containing products.

Ingredient claims and concentrations

These are claims made on labels to denote the presence of a certain ingredient in the formulation. These claims are most often used as a marketing tool, so that the consumer is made explicitly aware that the benefit of the particular ingredient will be provided when the product is used.

For example, a brand may want to advertise on-label that an anti-dandruff shampoo ‘contains climbazole’. This claim may assist the consumer in making a quicker purchase decision. However, the concentration of the ingredient in the formulation is a vital consideration. It is imperative that, in order to avoid misleading consumers, the claimed ingredient must be present at a concentration that will provide the desired benefit or effect. These effective use concentrations are unique to each ingredient; this information should be readily obtainable from the raw material supplier. It's important to note that the ingredient claim and the associated use concentration require scientific substantiation. Making an ingredient claim without ensuring that the above conditions are met (while adhering to maximum allowed limits) is disallowed.

Free-from claims

Non-content claims on packaging advertising the absence of a particular ingredient are often an attractive marketing tool. This is a way to promote a product by ensuring that potential consumers are aware that the product does not contain certain substances, often positioned as undesirable on social media.

The main issue with free-from claims is that the ingredients highlighted are those that are permitted in cosmetics and do not appear on Annex I of the DOH draft regulations. In other words, they are neither banned ingredients nor have they been proven to be unsafe. Examples of non-content claims include ‘parabenfree’, ‘sulphate-free’ and ‘colourant-free’. Stating the absence of such ingredients denigrates a competitor’s product. Consumers are also made to believe that products containing these ingredients are unsafe or undesirable. An important exception is made when providing additional information to consumers who may want to avoid ingredients based on specific reasons such as religious beliefs or allergies. These may include ‘alcoholfree’ for consumers who avoid alcohol for religious purposes. This is also true in cases where the absence of an ingredient is strictly necessary for a specific benefit e.g. sulphate-free on products intended for chemically straightened hair.

The EU published a Technical Document on Cosmetic Product Claims, which became effective on 1 July 2019. The document is an update of the Guidelines to Commission Regulations (EU) No. 655/2013 laying down common criteria for the justification of claims used in relation to cosmetic products, published in 2013. This includes guidance on claims of the free-from type and disallows claims of this nature for products destined for sale in the EU. Since South Africa’s cosmetic industry standards on advertising within the selfregulated environment are informed by that of the EU, the technical committee of CTFA has decided to allow a transition period for the industry. Compliance to this requirement will be expected from 1 September 2021, following which the relevant amendments will be affected in the CTFA Cosmetic Compendium and the Advertising Regulatory Board’s Code of Advertising Practice – Appendix B (Cosmetics). CTFA will continue to inform the industry of the upcoming changes and advises that labels be amended accordingly to meet the requirements of the compliance period.

Tracking the trends

Trends in the cosmetic industry often result in a shift towards formulating with certain ingredients that have been found to be beneficial. Sometimes these are proven to be beneficial through the latest scientific studies showing desirable effects, such as a breakthrough anti-ageing ingredient, or the discovery of a natural compound’s cosmetic benefits. These are often advertised in the media, which together with consumer research often results in an interest in a particular ingredient.

Consumers also desire ingredients that are ‘clean’ and in the consumer’s mind, this includes simple ingredients that have not been refined, such as ‘organic’ and ‘natural’ raw materials. Halaal or vegan ingredients have also become a consideration for cosmetics. Products that comply to these food industry standards usually accompany a logo denoting its certification, for added consumer assurance.

Due to a variety of trends, consumers have become more knowledgeable and well-informed about ingredients to look out for, and those that they prefer not to be included in cosmetic formulations. Ingredient choices when formulating, as well as the way that they are presented to the consumer have thus become vital to maintain transparency and avoid misleading consumers, which promotes consumer safety. •

ABOUT THE AUTHOR Yashmay Gordhon (MPharm) is a pharmacist, currently working as the regulatory affairs officer at the CTFA.