CCTFA ASC HC Guidelines

Guidelines for Cosmetic Advertising and Labelling Claims

Revised June 2003

Canadian Cosmetic, Toiletry and Fragrance Association Advertising Standards Canada Health Canada June 1998

Guidelines for Cosmetic Advertising and Labelling Claims1

The Guidelines for Cosmetic Advertising and Labelling Claims can be obtained via the Internet from the websites listed below:

Advertising Standards Canada (ASC) Director, Advertising Clearance Division 175 Bloor Street East, South Tower, Suite 1801 Toronto, Ontario M4W 3R8 Tel: (416) 961-6311 Fax: (416) 961-7904 Website: www.adstandards.com

Canadian Cosmetic, Toiletry and Fragrance Association (CCTFA) Associate Manager, Regulatory Affairs 420 Britannia Road East, Suite 102 Mississauga, Ontario L4Z 3L5 Tel: (905) 890-5161 Fax: (905) 890-2607 Website: www.cctfa.ca

Health Canada (HC) Manager, Cosmetics Division Consumer Products Safety Bureau Health Canada 123 Slater Street, PL 3504D Macdonald Building, 4th Floor Ottawa, Ontario K1A 0K9 Tel: (613) 946-6449 Fax: (613) 952-3039 Website: www.hc-sc.gc.ca/cosmetics

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims2

1.
1.1 1.2 1.3 1.4

INTRODUCTION
Overview .............................................................................................................................................................3 Guidelines Sponsoring Organizations...............................................................................................................4 Broadcast Advertising Clearance .....................................................................................................................4 Future Guidelines Revisions ..............................................................................................................................5

2.
2.1 2.2 2.3

GUIDELINES FOR COSMETIC ADVERTISING AND LABELLING CLAIMS

Using the Guidelines....................................................................................................................................... 5-6 Definitions...........................................................................................................................................................6 Guidelines for Cosmetic Advertising and Labelling Claims ..................................................................... 7-19 1. Substrate Type..............................................................................................................................................7 A. Hair i) Hair care......................................................................................................................7 ii) Depilatories.................................................................................................................8 B. Nails.........................................................................................................................................................8

i) Exfoliants (Alphahydroxy Acids/Scrubs/Peels) ..........................................................9 ii) Moisturizers ................................................................................................................9 iii) Cleansers/Astringents/Toners ...................................................................................10 iv) Contour Creams ........................................................................................................10 v) Acne-Prone Skin .......................................................................................................11 vi) Oil Management .......................................................................................................11 2. Product Type ..............................................................................................................................................11 A. Oral Care Products ..........................................................................................................................11 i) Dentifrice/Cosmetic Chewing Gum ..........................................................................11 ii) Mouthwash/Breath Fresheners..................................................................................12 iii) Teeth Whiteners (e.g. Strips/Solutions) ...................................................................12 B. Deodorant .............................................................................................................................................13 C. Perfumes/Fragrances/Colognes...........................................................................................................13 D. Cosmetic Suncare Products.................................................................................................................13 E. Vitamins/Minerals/Antioxidants .........................................................................................................14 F. Aromatherapy ......................................................................................................................................14 G. Intimate Products..................................................................................................................................15 i) Personal Lubricants ..................................................................................................15 ii) Sex-related Topical Products ....................................................................................15 H. Massage Oils ........................................................................................................................................16 3. Claim Type .................................................................................................................................................16 A. Anti-Aging/Anti-Wrinkle.....................................................................................................................16 B. Healthy ..................................................................................................................................................17 i) Active........................................................................................................................17 ii) Biological..................................................................................................................17 D. Nourish/Replenish ................................................................................................................................18 E. Relax......................................................................................................................................................18 F. Respiration............................................................................................................................................18 G. Energize/Revitalize...............................................................................................................................19 H. Therapy/Treatment..............................................................................................................................19 I. Lift/Lifting ............................................................................................................................................19 C. Ingredient

C. Skin

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims3

1.0 1.1

INTRODUCTION 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 among Advertising Standards Canada (ASC, formerly Canadian Advertising Foundation), Canadian Cosmetic, Toiletry and Fragrance Association (CCTFA), 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 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, and 2003. 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 new, 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, CCTFA 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.

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims4

1.2

Guidelines Sponsoring Organizations: Roles and Responsibilities

Health Canada (HC) Cosmetics Division Consumer Products Safety Bureau Contact: Manager, Cosmetics Division Tel: (613) 946-6449 Fax: (613) 952-3039 Health Canadas 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. Canadian Cosmetic, Toiletry and Fragrance Association (CCTFA) Contact: Associate Manager, Regulatory Affairs Tel: (905) 890-5161 Fax: (905) 890-2607 Founded in 1928, CCTFA is the Canadian trade association for cosmetics, toiletries and personal fragrances. CCTFA is committed to building consumer trust and confidence in the Canadian cosmetics industry and works closely with government and industry partners to achieve its mandate. The Guidelines are complemented by CCTFA's own industry code - the Advertising Code of Standards for Cosmetics, Toiletries and Fragrances. This code, administered by ASC, was developed to ensure that industry's products continue to be advertised on a high ethical plane. Advertising Standards Canada (ASC) Contact: Director, Advertising Clearance Division Tel: (416) 961-6311 Fax: (416) 961-7904 Founded in 1957, ASC is the national advertising industry self-regulatory body. Its vision is to create and maintain community confidence in advertising. 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

For information, contact: Director, Advertising Clearance Division Advertising Standards Canada 175 Bloor Street East, South Tower, Suite 1801 Toronto, Ontario M4W 3R8 Tel: (416) 961-6311 Fax: (416) 961-7904 Website: www.adstandards.com

ASC provides cosmetic broadcast advertising clearance services on a fee-for-service basis. Consultations are also available.

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims5

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 Task Force will review the Guidelines on a regular basis, and propose requisite content revisions to Health Canada. User feedback is welcomed. Please direct comments to: Director, Advertising Clearance Division Advertising Standards Canada 175 Bloor Street East, South Tower, Suite 1801 Toronto, ON M4W 3R8 Tel: (416) 961-6311 Fax: (416) 961-7904 Associate Manager, Regulatory Affairs Canadian Cosmetic, Toiletry and Fragrance Association 420 Britannia Road East, Suite 102 Mississauga, Ontario L4Z 3L5 Tel: (905) 890-5161 Fax: (905) 890-2607

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).

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims6

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.

Food and Drugs Act definitions:

Advertisement Cosmetic 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. 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. Includes any substance or mixture of substances manufactured, sold or represented for use in: (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or its symptoms, in human beings or animals, (b) restoring, correcting or modifying organic functions in human beings or animals, or (c) 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.

Drug

Cosmetic Regulations definitions:

Inner Label Outer Label Means a label on or affixed to the immediate container of a cosmetic. Means a label on or affixed to the outside package of a cosmetic.

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims7

2.3

Guidelines for Cosmetic Advertising and Labelling Claims

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

1. Substrate Type
Acceptable Claims A. Hair i) Hair Care Removes loose dandruff flakes from the hair Makes hair stronger Fortifies the hair Looks thicker Thickens hair Adds body Thickens hair shaft Repairs split ends Revitalizes hair/hairs beauty Nourishes hair/hair nutrient (must qualify in cosmetic sense moisturize, shine, texture, softness, beauty) Healthy hair (in the context of appearance) Root penetrating (i.e. thoroughness, root to tip) Contains sunscreen Unacceptable Claims Controls dandruff Eliminates dandruff Dandruff shampoo Anti-dandruff shampoo Stimulates hair follicles Alopecia Prevents/treats alopecia Prevents hair loss Replaces thinning hair Restores hair cells Stimulates hair follicles Stimulates hair growth Deeply root penetrating (i.e. any action under the scalp)

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims8

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

1. Substrate Type (continued)

Acceptable Claims A. Hair ii) Depilatories Removes hair Hair takes longer to appear (to be visible vs. another hair removal method (e.g. shaving) Unacceptable Claims Any reference to effect on physiological growth of the hair Hair retardant Hair inhibitor Slows hair regrowth Stops hair from growing back Weakens hair growth Less hair grows back

Acceptable Claims B. Nails Repairs nails Reference to growth resulting from protection of fingernail from physical damage (abrasion, chipping, breaking) Strengthens Hardens

Unacceptable Claims Reference to growth resulting from nourishment of fingernail

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims9

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

1. Substrate Type (continued)

Acceptable Claims C. Skin i) Exfoliants (Alphahydroxy acids/scrubs/peels) Sloughs off dead skin cells Facial scrub Younger looking Fresher looking Reveals next layer of skin Revitalizes Exposes new skin Reduces signs (the visibility) of aging Unacceptable Claims Makes skin younger Reduces aging Reverses aging Slows aging Prevents aging Removes scars Reduces scars Keratolytic Any reference to action at cellular level (living)

Acceptable Claims C. Skin ii) Moisturizers Relieves dry skin Soothes (when qualified in a cosmetic sense) Softens skin Moisturizes Hydrates Lubricates Promotes elasticity Protects skin against the abuse of the elements Prevents damage caused by drying/dryness Alleviates dry skin Protects against and alleviates chapping, cracking and roughness due to dryness Relieves itching due to dry skin Moisturizes the skin so that complexion looks revitalized (radiant) Smoothes wrinkles (from an appearance perspective) Tones skin by moisturizing Firms skin (from an appearance perspective)

Unacceptable Claims Relieves or soothes abrasions/bites/insect bites/cuts/nicks/irritated skin/inflamed skin/rashes Numbing effect Therapeutic effect Heals Removes/reduces scars

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims10

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

1. Substrate Type (continued)

Acceptable Claims C. Skin iii) Cleansers/ Astringents/Toners Antibacterial cleanser Antimicrobial cleanser Kills bacteria (when qualified in a cosmetic sense) Cleans acne-prone skin Purifies skin by removing dirt Cleanses oily skin Removes oil Deep cleans pores Facial scrub Refreshes skin Warms skin Cools skin Tightens skin Tones skin Energizes skin Skin feels energized Invigorates skin Unacceptable Claims Kills pathogens Kills germs Antiseptic Disinfectant Fungicide Anti-blemish cream Cleans cuts Reference to disease-causing organisms Decongests skin Stimulates circulation Removes toxins Any impression or reference to disease prevention

Acceptable Claims C. Skin iv) Contour creams Improves tone and texture of skin Firms skin (from an appearance perspective) Reduces the look of cellulite by moisturizing skin Improves the look of cellulite by moisturizing skin Reduces the look of cellulite

Unacceptable Claims Lifts Any reference to action on tissue Any reference to treatment/reduction of cellulite/orange peel skin Enhances/smoothes/contours silhouette Lose inches Reduces/controls puffiness/swelling/edema Removes fat Reshapes Restructures skin Slims/slimming Firms (unqualified) Tightens/firms sagging skin/eyelids/chin/muscles Cellulite (unqualified)

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims11

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

1. Substrate Type (continued)

Acceptable Claims C. Skin v) Acne-Prone Skin Cleaner for acne-prone skin Hides acne Covers blemishes Removes oil Unacceptable Claims Prevents acne Heals acne Treats acne Stops acne Germ killing action Antibacterial action

Acceptable Claims C. Skin vi) Oil Management Oil control (from an appearance perspective) Absorbs oil Removes oil

Unacceptable Claims Controls/ regulates/ prevents oil production

2. Product Type
Acceptable Claims A. Oral Care Products i) Dentifrice/ Cosmetic Chewing Gum* Note: Chewing gum is a food. Therefore, advertising for cosmetic chewing gum also requires food clearance. Cleans teeth Whitens teeth Brightens teeth Polishes teeth Removes stains/stain build-up Prevents stain build-up Removes/reduces plaque (by brushing only) Prevents/reduces tartar buildup/deposit (by brushing only) Gets teeth their whitest White teeth (as white as they can be) Unacceptable Claims Anti-cavity Anti-gingivitis Anti-plaque Fights cavities Fights plaque/tartar Treats plaque Prevents plaque/tartar formation Prevents plaque/tartar buildup/deposit by chemical or antimicrobial action Any implication of effect below the gumline Any reference to fluoride White teeth (absolutely white) Whitens tetracycline-induced stains Bleaches teeth Desensitizes teeth/gums Removes tartar build-up/deposit by brushing

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims12

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

2. Product Type (continued)

Acceptable Claims A. Oral Care Products ii) Mouthwash/ Breath Fresheners Fights bad breath Ends bad breath Reduces mouth odours Helps eliminate odour-causing bacteria Helps kill bacteria that can cause bad breath Antibacterial (must be qualified in a cosmetic sense) Antimicrobial (must be qualified in a cosmetic sense) Unacceptable Claims Antiseptic Antiviral Germicide Kills pathogens Kills germs Kills odour-causing germs Any reference to plaque or tartar Any impression or reference to disease prevention Any effect produced by swallowing product (even if qualified in a cosmetic sense)

Acceptable Claims A. Oral Care Products iii) Teeth Whiteners (e.g. Strips/ solutions) Whitens teeth Gets teeth their whitest Removes stains (must be qualified in a cosmetic sense) Brightens teeth

Unacceptable Claims Any therapeutic claim Bleaches teeth Whitens teeth absolutely white Removes/whitens tetracycline induced stains Any fluoride claim

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims13

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

2. Product Type (continued)

Acceptable Claims B. Deodorant Absorbent that helps keep you dry Anti-odourant Fights bad odour Kills odour-causing bacteria Deodorant Unacceptable Claims Antiperspirant Controls perspiration Controls sweat

Acceptable Claims C. Perfumes/ Fragrances/ Colognes Pleasant smells Soothes

Unacceptable Claims Hormonal attraction Improving health by reducing stress

Acceptable Claims D. Cosmetic Suncare Products Suntanned colour Bronze appearance The appearance of a tan Enhances tan Sunscreen for hair care only Protects against drying effects of the sun

Unacceptable Claims SPF Accelerate suntan Sunscreen Pre-tan accelerator Relieves/calms sunburns Repairs sun damage Any reference to UVA/UVB

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims14

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

2. Product Type (continued)

Acceptable Claims E. Vitamins/ Minerals/ Antioxidants Formulated with vitamin X/antioxidants Contains vitamin X/antioxidants Contains vitamins which act as antioxidant(s) to preserve product integrity or to keep product fresh Product contains ingredient/vitamin/mineral X/antioxidants. The formula produces cosmetic benefit (e.g. reduces appearance of wrinkles, moisturizes, adds shine, etc.) No attestation required Ingredient/vitamin/mineral X/antioxidants produces cosmetic benefit (e.g. reduces appearance of wrinkles, moisturizes, adds shine, etc.) Written attestation required for broadcast preclearance--Advertiser must possess supporting data that cosmetic benefit is directly attributable to named ingredient/vitamin/mineral/antioxidant Unacceptable Claims Any reference to therapeutic effect of vitamins/antioxidants (e.g. free radical scavenging) Improves growth Contains vitamin(s) which act as antioxidants

Acceptable Claims F. Aromatherapy Soothing aromatherapy for the soul Sense of well being Improvement in feeling via sensory perception Helps to relax Feeling of sensory improvement Creates a sense of harmony of body and mind

Unacceptable Claims Any reference to therapeutic effect Well being (unqualified) Relieves stress (unqualified) Eliminates all stress Physiological action Creates a harmony of body and mind

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims15

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

2. Product Type (continued)

Acceptable Claims G. Intimate Products i) Personal Lubricants Replenishes/restores/replaces vaginal/personal moisture Enhances vaginal moisture Moisturizes to relieve vaginal/personal dryness Provides feeling of natural vaginal moisture Feels like natural moisture Relieves dryness Lubricates Effective lubrication Product is pH-balanced Can be used with a condom (must possess supporting data) Unacceptable Claims Replenishes/restores/replaces natural vaginal/personal moisture Enhances natural vaginal moisture Replenishes/restores/replaces natural moisture from vaginal tissue pH-balanced to prevent infection Helps maintain normal pH level Estrogen-free Hormone-free

Acceptable Claims G. Intimate Products ii) Sex-related Topical Products Lubricates Enhances/increases sex experience/sexual pleasure by lubricating Tingling/warm/cool sensation Intimacy enhancement

Unacceptable Claims For sexual enhancement Increases/enhances sexual pleasure (unqualified) Produces/prolongs erection Any direct or indirect reference to therapeutic effect Increases libido/desire/sexual responsiveness/sensitivity Stimulates genital tissue Produces/enhances orgasm

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims16

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

2. Product Type (continued)

Acceptable Claims H. Massage Oils Pleasant smell Lubricates skin so that massage feels better Promotes a sense of well-being through massage For use with relaxing massage Helps to relax with massage Unacceptable Claims Any direct or indirect reference to therapeutic effect Stimulates circulation/blood flow to muscles Relaxes muscles Eases muscle pain/stiffness Increases massage effectiveness Relaxes you (unqualified) Relieves stress

3. Claim Type
Acceptable Claims A. Anti-Aging/ Anti-Wrinkle Covers up age spots Hides age spots Feel younger Look younger Moisturizes aging skin Smoothes wrinkles (from an appearance perspective) Reduces the appearance of aging Helps prevent signs/the look of aging (visibility) Reduces the appearance of age spots Reduces the appearance of skin blotches Covers/conceals Anti-wrinkle cream/anti-wrinkle moisturizer (when qualified in a cosmetic sense) Anti-wrinkle/anti-aging (when qualified in a cosmetic sense) Slows appearance/the look of aging (visibility) Slows signs/the look of aging (visibility) Reverses the signs/look of aging (visibility) Face rejuvenator (when qualified in a cosmetic sense rejuvenates look) Unacceptable Claims Bleaches skin De-pigments Prevents aging Eliminates aging Stops aging Reduces aging Slows aging Reverses aging Prevents new spots from appearing Anti-wrinkle (unqualified) Anti-aging (unqualified) Slows appearance/onset of aging (ie. development of aging) Any reference to action at cellular level (living) Stimulates circulation Collagen synthesis/replenishment

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims17

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

3. Claim Type (continued)

Acceptable Claims B. Healthy Healthy (from an appearance perspective) Unacceptable Claims Promotes health Healthy tan (from the sun)

Acceptable Claims C. Ingredient i) Active Moisturizing active ingredient Written attestation required* Colourizing active ingredient Written attestation required* Product contains ingredient/vitamin/mineral/antioxidant X. The formula produces cosmetic benefit (e.g., reduces appearance of wrinkles, moisturizes, adds shine, etc.) No attestation required Ingredient/vitamin/mineral/antioxidant X produces cosmetic benefit. (e.g. reduces appearance of wrinkles, moisturizes, adds shine, etc.) Written attestation required* Advertiser must possess supporting data that cosmetic benefit is directly attributable to named ingredient. Effective ingredient (when qualified in a cosmetic sense) Written attestation required *

Unacceptable Claims Active ingredient Medicinal ingredient Therapeutic ingredient Effective ingredient (unqualified) Any implication of therapeutic benefit

* Attestations required for broadcast preclearance

Acceptable Claims C. Ingredient ii) Biological Contains biological extract

Unacceptable Claims Biologically active Biological action/effect on body

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims18

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

3. Claim Type (continued)

Acceptable Claims D. Nourish/ Replenish Nourishes via moisturizing/hydration Replenishes via moisturizing Unacceptable Claims Nourishes via growth Ingredient X is nourishing

Acceptable Claims E. Relax Relaxes (moisturizes) skin (taut skin) Relaxes the body in the sense of bath oil in a warm bath

Unacceptable Claims Relaxes muscles Reference to stress

Acceptable Claims F. Respiration Reference to non-clogging, letting skin breathe

Unacceptable Claims Cellular respiratory factor Promotes skin respiration

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003

Guidelines for Cosmetic Advertising and Labelling Claims19

COLUMN I Criteria for Acceptable Claims Acceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Qualified with cosmetic term Each claim must be true and verifiable List is not exhaustive

COLUMN II Criteria for Unacceptable Claims Unacceptable meaning or wording for a Cosmetic (as defined by the Cosmetic Regulations, Food and Drugs Act) Net impression taken into account Drug claim or impression/claims for physiological effect List is not exhaustive

3. Claim Type (continued)

Acceptable Claims G. Energize/ Revitalize Moisturizes the skin so that complexion looks radiant /revitalized Energizes/revitalizes hair (appearance of the hair) Energizes/revitalizes skin (from an appearance perspective Energizes/Revitalizes scalp (physical surface effect) Face rejuvenator (rejuvenates the look of the face) Unacceptable Claims Energizes/revitalizes living tissue (i.e. hair follicles) Energizes tissue/body/cells Provides physical energy Energizes/revitalizes you (physical energy effect)

Acceptable Claims H. Therapy/ Treatment Hot oil treatment (for hair) Care Moisturizing therapy Dry skin therapy

Unacceptable Claims Reference to disease control/healing Therapeutic Medicated Treatment for infections Treatment for burns

Acceptable Claims I. Lift/Lifting Lift your look

Unacceptable Claims Provides the effect of surgical facelift Lifts skin or other body parts

The Guidelines for Cosmetic Advertising and Labelling Claims were developed by the Canadian Cosmetic,Toiletry and Fragrance Association and Advertising Standards Canada in conjunction with the Cosmetics Division of Health Canada. June 2003