Claims such as stimulating hair growth or reducing hair loss are common in beauty products. For brand owners, understanding how a product’s functionality and claims influence its classification – and consequently its regulatory requirements – is essential. For more complex cases and subtle differences, the European Commission provides a borderline manual to guide brand-owners and EU competent authorities.
Hair or eyelash growth stimulation products in the EU
In the European Union, products claiming to stimulate hair or eyelash growth and reduce hair loss are usually medicinal products and rarely cosmetics. However, brand-owners need to assess the classification case-by-case and consider many different aspects. Among others, the mode of action of active ingredients as well as absorption, concentration, mode and frequency of application, application site, and the degree of penetration.
Medicinal products or cosmetics: aspects to consider
Generally, restoring, correcting, or modifying physiological functions by means of pharmacological, immunological or metabolic action indicates that the product may be a medicine in the EU. The claim “promoting hair growth” typically refers to pharmaceutical products, such as those containing minoxidil, a substance prohibited for use as a cosmetic ingredient according to the EU Cosmetics Regulation. In contrast, the claim “reducing hair loss” is generally associated with cosmetic products. Meanwhile, a product claiming to “prevent hair fall” may also qualify as a cosmetic product.
Similarly, a claim suggesting “eyelash growth” would imply an intention to alter a physiological function. However, the absence of such claims does not necessarily indicate that the product has no effect on eyelash growth. In this sense, claims are only one of the product’s aspects that need to be taken into consideration while assessing the EU classification of a product.
How about in-grown hairs cosmetic products?
Usually, product designed to free in-grown hairs from under the skin through mechanical or keratolytic action may be considered a cosmetic in the European Union. Also for such products, all relevant product’s characteristics need to be assessed for its classification. Interestingly, claims such as “soothing irritations” are typically associated with cosmetics, whereas claims mentioning “inflammation” or “infection” are more commonly linked to medicinal products.
Do you have questions on cosmetic claims in Europe or USA? Write an email to COSlaw.eu or contact us here.
References:
European Commission (2023). Manual of the working group on cosmetic products (sub-group on borderline products) on the scope of application of the Cosmetics Regulation. Version 5.3. Retrieved on 06/01/2024.
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