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Beauty brands are eager to display the most sparkly, convincing copy on their websites, labels, packaging and other marketing\/promotional materials. After all, copy can make or break a sale and ultimately, make or break a brand.<\/p>\n
But when you\u2019re creating (and, more importantly, printing and publishing) copy, there\u2019s one thing you need to pay attention to: FDA compliancy. In other words, are your written descriptions legal?<\/p>\n
Unless your product is approved as a drug, you can\u2019t make juicy claims that your facial serum will \u201cstimulate collagen production\u201d or your moisturizer will \u201cheal acne.\u201d Sure, that might make your product fly off shelves, but there might not be a product to sell at all if you\u2019re caught.<\/p>\n
Here\u2019s a basic primer on how to write without breaking the law.<\/p>\n
* The contents of this article are for informational purposes only. This article is not intended to replace professional legal advice. Always seek the advice of your legal counsel with any questions.<\/em><\/p>\n In short, cosmetics are products that help you look <\/em>better. This includes moisturizers, lipsticks and nail polish.<\/p>\n Here it is straight from the horse\u2019s mouth:<\/p>\n \u201cThe Federal Food, Drug, and Cosmetic Act (FD&C Act) defines cosmetics by their intended use, as \u2018articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.\u2019\u201d<\/p>\n In short, drugs are products that aim to heal and\/or change the structure of skin.<\/p>\n Writes the FDA,<\/p>\n \u201cThe FD&C Act defines drugs, in part, by their intended use, as \u2018articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease\u2019 and “articles (other than food) intended to affect the structure or any function of the body of man or other animals.”<\/p>\n Before drugs are marketed, they must be approved by the FDA.<\/p>\n It means that even if your skincare formulas contain ingredients that were clinically studied and proven to change the structure of skin (like increase its collagen or elastin content), you can\u2019t say it does.\u00a0At least not without some word wizardy.<\/p>\n Avoid the following claims that a product will…<\/strong><\/p>\n For the most part, be wary of or completely avoid\u00a0the following words:<\/strong><\/p>\n To get a better sense of what doesn\u2019t fly, below are phrases taken from actual warning letters issued by the FDA to beauty companies. Although your legal team will evaluate and make suggestions, it’s always a good idea to retain a basic understanding yourself.<\/p>\n The good news is there are ways to\u00a0convey the benefits of your products\u00a0without making drug claims. With some clever wording, you can alter your statements\u00a0so they become\u00a0“cosmetic,” which\u00a0is totally kosher.<\/p>\n You\u2019ll find these words are commonly used to get around the issue:<\/p>\n For example:<\/p>\n \u201cOur Anti-Aging Moisturizer contains retinol, which stimulates collagen production and repairs skin damage.\u201d (UNACCEPTABLE)<\/em><\/p>\n becomes<\/p>\n \u201cOur Anti-Aging Moisturizer contains retinol, which drastically improves the\u00a0appearance<\/strong>\u00a0of collagen-depleted skin and\u00a0enhances\u00a0the visible effects<\/strong>\u00a0of environmental damage.\u201d (ACCEPTABLE)<\/em><\/em><\/p>\n Also,\u00a0cleanse <\/strong>and exfoliate <\/strong>are just fine.<\/p>\n What about blog writing?<\/strong><\/p>\n You might be wondering:\u00a0If I\u00a0write about ingredients in a blog post without mentioning the product at all,\u00a0then<\/em> can I\u00a0make structure and function claims?\u00a0In my experience, this has been a gray area for a long time. I’ve heard\u00a0varying things from different regulatory experts, but most of them strongly recommend avoiding this practice altogether. Even if\u00a0you’re\u00a0equipped\u00a0with a\u00a0legitimate clinical study published in a reputable medical\u00a0journal, don’t\u00a0make drug claims.<\/p>\n Err on the side of caution.<\/p>\n The only way to truly\u00a0stand on safe ground is to have a legal\/regulatory professional review all copy before you make it public — even if you have a copywriter.\u00a0 A professional writer will be wary of making claims, but legal should have ultimately say. After all, words are just as subjective as they are objective–and interpretation can vary wildly.<\/p>\n Ultimately, a\u00a0good writer will help you create the most dazzling copy despite the limits. And\u00a0you’ll likely spend less on hourly legal fees. That’s always a plus, right?<\/p>\nHow Is a Cosmetic Defined?<\/h1>\n
How Is a Drug Defined?<\/h1>\n
What Does This Mean for Beauty Copywriting?<\/h1>\n
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Common Statements and Words to\u00a0Avoid<\/h1>\n
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Real-Life Examples of Drug Claims<\/h1>\n
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How to Write Beauty Product Descriptions Legally<\/h1>\n
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How to\u00a0Guarantee\u00a0Your Written Materials Are Compliant<\/em><\/h1>\n