Ensuring Compliance of Online Marketing Materials for Cosmetic Products: A Responsible Person's Perspective
Introduction
In the social media age of short-form video content such as Reels and TikTok online marketing has become the lifeblood of most industries. Ensuring compliance of marketing materials and content is more important than ever. This is particularly true in the cosmetic industry, where strict regulations govern product safety, claims, and advertising standards. Non-compliance can lead to legal repercussions, reputational damage, and a loss of consumer trust.
As a "responsible person" in charge of overseeing cosmetic product safety and regulatory adherence, your role in ensuring compliance extends beyond formulation and manufacturing. You are also tasked with ensuring that all online marketing materials—websites, social media posts, emails, influencer collaborations—are in line with legal standards too.
This blog will dive into the importance of ensuring compliance in the digital landscape, the challenges involved, and best practices to mitigate risks.
Understanding the Role of the Responsible Person
1. Legal Obligations Under UK Law
As per UK Cosmetic Product Regulations (UK CPR), the RP is responsible for ensuring that each cosmetic product placed on the UK market is safe for human use, properly labeled, and compliant with legal standards. This responsibility includes verifying that all claims made in relation to the product are substantiated and not misleading. Like many product categories, a framework for cosmetic claims exists in law. In addition to this, there are specific standards as enforced by the Advertising Standards Authority (ASA).
Failure to meet these obligations can result in enforcement actions from Trading Standards, the ASA, the CMA or MHRA depending on circumstances.
2. Accountability for Advertising Claims
As the RP, you are not only responsible for the physical safety of the product but also for the veracity of any claims made in its promotion. Whether it’s a statement on your website, a product description on an e-commerce platform, or promotional content on social media, all such claims must comply with UK advertising rules.
The ASA plays a crucial role in regulating the advertising of cosmetic products in the UK, ensuring that all marketing communications are legal, decent, honest, and truthful. Additionally, the CMA oversees online advertising practices and ensures that they are fair and not misleading.
Key Areas of Compliance in Online Marketing
1. Claims Substantiation
One of the most critical areas of compliance for cosmetic products is ensuring that claims made in marketing materials are substantiated. Any claim about a product’s benefits must be backed by scientific evidence. For example, if a moisturiser is marketed as “reducing wrinkles by 50%,” there must be clinical studies and data to support this claim.
Common types of claims that require substantiation include:
Efficacy Claims: Statements about what the product will do (e.g., "reduces the appearance of redness in 24 hours").
Ingredient Claims: Any claims about the benefits of specific ingredients (e.g., "contains retinol").
Safety Claims: Words like "safe for sensitive skin" or "dermatologically tested" must be proven by appropriate testing.
Unsubstantiated or exaggerated claims can lead to serious legal consequences and consumer backlash. As the Responsible Person, it is crucial to work closely with the R&D and legal teams to ensure all claims are truthful, not misleading, and fully substantiated.
2. Disclosures in Influencer Marketing
One of the fastest-growing segments of online marketing is influencer collaborations. However, working with influencers comes with unique compliance challenges. Regulatory bodies like the UK's ASA have strict guidelines on how brands and influencers must disclose paid partnerships, gifted products, or sponsored content.
Best practices for influencer compliance include:
Clear Disclosures: Influencers must clearly disclose paid collaborations or product gifting using phrases like "Sponsored" or "#Ad."
Accurate Representations: Influencers should only make claims about a product that align with its approved claims and substantiated benefits. Exaggerated claims or personal opinions that cannot be substantiated may lead to regulatory issues.
Monitoring Influencer Content: As the RP, it is essential to monitor, review for compliance and approve influencer content to ensure compliance and address any inaccuracies before they escalate into larger problems.
3. User-Generated Content and Reviews
User-generated content (UGC) such as customer reviews, social media mentions, or testimonials can be a valuable part of your marketing strategy. However, brands must be cautious about reposting or featuring UGC that makes claims not substantiated by the brand itself.
For example, if a user claims that your product “cured” their skin condition, reposting that review could be seen as making an unsubstantiated medical claim, which is non-compliant under UK advertising standards. The same caution should be applied to influencer collaborations—ensuring that user claims are consistent with legal advertising guidelines is crucial.
Best Practices for Ensuring Compliance
1. Conduct Regular Audits
Conducting frequent audits of your online marketing materials is one of the most effective ways to ensure compliance. Review product descriptions, advertising claims, and social media content regularly to ensure that everything is aligned with UK advertising regulations.
2. Collaborate with Legal and Regulatory Experts
Create clear guidelines for influencers that outline what they can and cannot say about your products. These guidelines should include instructions on how to disclose paid collaborations and a list of approved claims that have been substantiated by the brand.
3. Stay Informed of Regulatory Changes
The regulatory landscape for cosmetic products in the UK is constantly evolving. Stay updated on changes to UK advertising laws, and adapt your marketing strategies accordingly.
4. Create Clear Guidelines for Influencers
To mitigate the risks associated with influencer marketing, establish clear guidelines and contracts for all influencer collaborations. These should outline legal obligations, required disclosures, and the approved claims that influencers can make about your products.
Conclusion
As the responsible person, ensuring compliance of online marketing materials in the UK is a critical part of your role. Failure to comply with advertising laws can result in legal actions, financial penalties, and damage to your brand’s reputation. By staying informed about UK regulations, regularly auditing your marketing materials, and maintaining clear communication with influencers, you can help protect your business and build consumer trust. Compliance is not just a legal obligation—it is a cornerstone of ethical and transparent business practices in the UK cosmetics industry.
How COSMESURE® Can Help:
COSMESURE®’s most popular service by far is our UK and EU Responsible Person services. However, as a full-service provider we also provide expert regulatory support for marketing assets and advertising campaigns to maximise their potential ROAS whilst helping brands to understand and minimise risk.
For an expert partner that cares, choose COSMESURE®, info@cosmesure.uk.