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Guidelines for Cosmetic Advertising and Labelling Claims
Date: February 2006
ISBN: 0-662-49001-0
Cat. No.: H128-1/06-453E
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Table of Contents
- 1.0 Introduction
- 2.0 Guidelines for Cosmetic Advertising and Labelling Claims
- 2.1 Using the Guidelines
- 2.2 Definitions
- 2.3 Guidelines for Cosmetic Advertising and Labelling Claims
1.0 Introduction
1.1 Overview
The Guidelines are designed to help creators of advertising develop advertising messages, including those made on or inside the package, that comply with Canadian cosmetic regulatory requirements.
The publication of the Guidelines represents the culmination of a collaborative effort between 
Advertising Standards Canada (ASC, formerly Canadian Advertising Foundation) and the Cosmetics Division of Health Canada.
To ensure that all regulations governing cosmetics are met, the Guidelines should be used in conjunction with the Food and Drugs Act and Cosmetic Regulations, the Consumer Packaging and Labelling Act and Regulations, and other applicable legislation and regulations.
History of the Guidelines for Cosmetic Advertising and Labelling Claims
In 1996, ASC approached Health Canada to propose a revision to the 1992 Guidelines: Labelling of Cosmetics.
Having used the 1992 Guidelines for a number of years to review and clear broadcast cosmetic advertising copy, ASC recognized that the 1992 Guidelines no longer served industry and consumer needs. (See sections 1.2 and 1.3 for a description of ASC's responsibilities for cosmetic broadcast advertising clearance.)
In light of rapidly evolving technologies and the plethora of new products and product categories in the marketplace, Health Canada concurred that a revision was required. In the spirit of responsible self-regulation, it was agreed that ASC and the Canadian Cosmetic, Toiletry and Fragrance Association (CCTFA) would develop new guidelines and submit them to Health Canada for consideration.
In mid-1996, CCTFA, in cooperation with ASC, formed the Cosmetic Advertising and Labelling Review Task Force, whose goal was to develop the revised Guidelines. After several meetings with Health Canada officials, the final draft of the Guidelines was submitted to Health Canada in 1997. They received final approval in May, 1998 and were first published in June 1998. The Guidelines were updated in 2000, 2001, 2003, and 2005.
In an effort to make the process for amending the Guidelines more open and transparent to all stakeholders, in 2005, HC determined that the Guidelines would be published jointly by ASC and Health Canada. Industry would be able to submit proposed Guidelines additions or changes directly to Health Canada or ASC for review. Health Canada, with input from ASC, developed a draft revision, which was made available to all stakeholders via their website. This process allows for a greater number of interested parties to comment on the proposed changes prior to the final revision of the Guidelines being posted on the Health Canada website.
About the Guidelines
Cognizant of the movement towards global marketing and harmonization, the Guidelines were developed to harmonize to the greatest extent possible, and afford advertisers maximum flexibility in communicating with Canadian consumers. In contrast to the 1992 Guidelines, which were prescriptive in nature, the Guidelines utilize a more "user-friendly" format, encompass new product categories, and include a broader range of cosmetic claims. As well, the Guidelines allow for the overall impression of an advertisement to be considered.
ASC and HC are confident the Guidelines will allow advertisers of personal care products to achieve the goal of providing Canadian consumers with important product information, within the confines of current legislative and regulatory requirements.
1.2 Guidelines Sponsoring Organizations: Roles and Responsibilities
Health Canada (HC)
Cosmetics Division
Consumer Product Safety Bureau
Contact: Manager, Cosmetics Division
Tel: (613) 946-6452 Fax: (613) 952-3039 E-mail: cosmetics@hc-sc.gc.ca
Health Canada's Cosmetics Division has the mandate to protect the health of Canadians by minimizing the risk associated with the use of cosmetics marketed in Canada. The Division defines and communicates requirements for the manufacture, labelling, distribution and sale of cosmetics, and evaluates compliance. The basis for the regulatory authority for the Cosmetics Division comes from the Food and Drugs Act and Cosmetic Regulations.
Advertising Standards Canada (ASC)
Contact: Vice-President, ASC Clearance Services
Tel: (416) 961-6311
Fax: (416) 961-7904
Founded in 1957, ASC is the national advertising industry self-regulatory body. In 1992, after a five year successful experiment, Health Canada (then Health and Welfare Canada) officially transferred the cosmetic advertising broadcast preclearance function to ASC. Although preclearance was no longer a regulatory requirement, the government expressed confidence that the self-regulatory preclearance mechanism, supported by industry, broadcasters, and ASC, would be successful.
Today, with broad support from industry, ASC continues to provide advertising clearance services. ASC's experience in copy review, coupled with its credibility with government, industry, and the public, helps continue to ensure cosmetic broadcast advertising messages meet government regulations and industry objectives for responsible advertising.
1.3 Broadcast Advertising Clearance
ASC provides cosmetic broadcast advertising clearance services on a fee-for-service basis. Consultations are also available.
For information, contact:
Vice-President, ASC Clearance Services
Advertising Standards Canada
175 Bloor Street East, South Tower, Suite 1801
Toronto, Ontario M4W 3R8
Tel: (416) 961-6311 Fax: (416) 961-7904
Website: Advertising Standards Canada
1.4 Future Guidelines Revisions
The personal care sector is dynamic and continues to evolve rapidly. The sponsoring organizations of the Guidelines are committed to ensuring that the document remains current. Therefore, the Guidelines will be reviewed on a regular basis. Prior to official final revisions, a draft revision of the Guidelines will be posted on the Health Canada website for stakeholder comments.
User feedback outside the official comment period is always welcome. Please direct comments to:
Vice-President, ASC Clearance Services
Advertising Standards Canada
175 Bloor Street East, South Tower, Suite 1801
Toronto, ON
M4W 3R8
Tel: (416) 961-6311
Fax: (416) 961-7904
Manager, Cosmetics Division
Health Canada
123 Slater Street, A.L. 3504D
Ottawa, ON
K1A 0K9
Tel: (613) 946-6452
Fax: (613) 952-3039
E-mail: cosmetics@hc-sc.gc.ca
2.0 Guidelines for Cosmetic Advertising and Labelling Claims
2.1 Using the Guidelines
The Guidelines are presented in table format and include three numbered sections (1, 2, 3). Each section is divided into categories (A, B, C...) and sub-categories (i, ii, iii...). The table is divided in two columns:
Column I: Acceptable Claims
Column I includes examples of claims that are acceptable for a cosmetic.
Column II: Unacceptable Claims
Column II includes examples of claims that are unacceptable for cosmetics.
Notes:
- Drug-type claims are not acceptable for cosmetics. See section 2.2 for definitions of 'drug' and 'cosmetic'
- The claims provided in the table are examples only. The list is not exhaustive, and should be used only as a guide. It may be necessary to refer to numerous headings/references to determine acceptable and unacceptable claims for a specific product.
- Each claim will be evaluated within the overall context of the advertisement.
- Claims must be true, verifiable and accurately communicate product features, characteristics and performance.
Examples
To determine which types of claims are acceptable for a vitamin-enriched shampoo, refer to the following sections of the Guidelines:
1A Hair
3B Healthy
Example -- Acceptable Claim
Our shampoo makes your hair soft and healthy looking.
This claim is acceptable because it:
- describes 'healthy hair' in the context of appearance (sections 1A & 3B).
- refers to the product performance, without attributing a therapeutic effect (section 1A).
Example -- Unacceptable Claim
Our shampoo makes your hair grow.
This claim is unacceptable because it:
- attributes a therapeutic effect to the product (section 1A)
2.2 Definitions
Pertinent definitions from the Food and Drugs Act and the Cosmetic Regulations are provided below. It is generally understood that the requirements of the Regulations pertaining to drugs take precedence over the Regulations pertaining to cosmetics when a product has both drug and cosmetic properties. Although 'cosmetic' and 'drug' definitions share certain features, only claims of a cosmetic nature are acceptable for cosmetics. Drug-type claims are not permitted for cosmetics. However, drug and cosmetic claims are acceptable for drugs that possess both drug and cosmetic properties.
List of Food and Drug Act definitions and Cosmetic Regulations definitions
Food and Drug Act definitions
- Advertisement:
- Includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device.
- Cosmetic:
- Includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes.
- Drug:
- Includes any substance or mixture of substances manufactured, sold or represented for use in:
- the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or its symptoms, in human beings or animals,
- restoring, correcting or modifying organic functions in human beings or animals, or
- disinfection in premises in which food is manufactured, prepared or kept.
- Label:
- Includes any legend, word or mark attached to, included in, belonging to or accompanying any food, drug, cosmetic, device or package.
Cosmetic Regulations definitions:
- Inner Label:
- Means a label on or affixed to the immediate container of a cosmetic.
- Outer Label:
- Means a label on or affixed to the outside package of a cosmetic.
Drug includes Therapeutic Products regulated under the Food and Drug Regulations and Natural Health Products regulated under the Natural Health Products Regulations
2.3 Guidelines for Cosmetic Advertising and Labelling Claims
| COLUMN I | COLUMN II |
|---|---|
| Criteria for Acceptable Claims | Criteria for Unacceptable Claims |
|
|
2.3 Guidelines for Cosmetic Advertising and Labelling Claims (continued)
| COLUMN I | COLUMN II |
|---|---|
| Criteria for Acceptable Claims | Criteria for Unacceptable Claims |
|
|
2.3 Guidelines for Cosmetic Advertising and Labelling Claims
| COLUMN I | COLUMN II |
|---|---|
| Criteria for Acceptable Claims | Criteria for Unacceptable Claims |
|
|
