What are health claims?

[Crocoturtle]

Is there a definitive list of words that are considered health claims or cosmetic claims?


Part of my business model is developing signature soaps for small businesses such as I made a soap for a local beekeeper using their honey and beeswax that they sell with their products.
For the most part I avoid the issue by just saying <fragrance> soap
I have a client who runs a karate school and wants to call the product "Chi Invigorating Soap." Is "invigorating" a claim? Is there a list somewhere of what words you can and can't use?

If there is such a list or we can make one, can we make it a sticky?

 

[Soapsense]

I bought a soap that used Kelp from Maine, It said "Toning Bar" is Toning a health or cosmetic claim?

 

[Genny]

Invigorating would not be a health/drug claim.
http://www.fda.gov/Cosmetics/GuidanceComplianceRegulatoryInformation/ucm074201.htm

It is a drug if
"as "articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease" and "articles (other than food) intended to affect the structure or any function of the body of man or other animals" [FD&C Act, sec. 201(g)(1)]."

If you imply in any way that your product or any of the ingredients in it can heal/treat/prevent a disease or illness such as eczema, diaper rash, acne, cancer, cold sore, arthritis, PMS, migraines, etc. then you've got a drug. Selling drugs without proper approval is illegal, unless you are doctor or pharmacist.

Canada has a nice list of what words you can use. I'll go see if I can find them.

 

[Genny]

Alrighty, I found the list of Acceptable and Unacceptable wordings/claims you can say about cosmetics:
http://www.hc-sc.gc.ca/cps-spc/pubs/indust/cosmet/index-eng.php#a2 (you have to scroll 1/2 way down the page)

Like I said, it's from Health Canada, but it's similar to what the FDA allows accept a little more strict and better explained.

Also, giving brochures or having links to what the ingredients in your products are known to help, is still implying that your product can do whatever you're trying to imply. Having customer testimonials that contain unacceptable claims is also against FDA regulations.

 

[Genny]

I bought a soap that used Kelp from Maine, It said "Toning Bar" is Toning a health or cosmetic claim?

Cosmetic claim.

 

[melstan775]

Cosmetic claim.

Can you make cosmetic claims about soaps and body washes? Like "Invigorating coffee body wash will wake you up!" kind of stuff?

 

[Genny]

Can you make cosmetic claims about soaps and body washes? Like "Invigorating coffee body wash will wake you up!" kind of stuff?

As long as you abide by the cosmetic labeling regulations, which you would have to anyways for body washes.

 

[Crocoturtle]

Can you make cosmetic claims about soaps and body washes? Like "Invigorating coffee body wash will wake you up!" kind of stuff?

per that Canadian link "invigorates skin" is ok "wakes you up" is not.

 

[Genny]

per that Canadian link "invigorates skin" is ok "wakes you up" is not.

Ooh, good catch.

 

[melstan775]

per that Canadian link "invigorates skin" is ok "wakes you up" is not.

I"m glad I'm not in Canada for this one. I am in the US, and while people here sometimes go overboard with expectations, with cosmetics I find people are realistic. "It's just soap," "It's just shampoo," etc. And the "claims" are fun anyway, and what gets you excited about a product. Who doesn't love a fun bottle of shower juice?

 

[RocknRoll]

This was very informative, thanks everyone

 

[AngelMomma]

I'm pretty sure you aren't supposed to make claims like this one. This person has product out at 2 different flea markets in my area. Rediculous,

 

[Genny]

Actually, since it just says that it makes you "look" younger, then it's okay. Now had it said that it makes the skin younger, then it wouldn't have been okay. "Look" was the key word.
Looking through the description, I don't see anything else either.

Now does it actually make you look younger, who knows? That's all in the eye of the beholder.

 

[RocknRoll]

Im currently working on the back side label for my facial soap using activated charcoal (which I love) and im wondering if I can put something like " activated charcoal gently removes inpurities from your skin while asorbing/removing excess oil." just a though as Im figuring on what wordage to use... or would this even be irrelevant because isnt that what "soap" is supposed to do lol! I just want to express the qualities of activated charcoal without claiming it to be a "drug".

 

[AngelMomma]

Actually, since it just says that it makes you "look" younger, then it's okay. Now had it said that it makes the skin younger, then it wouldn't have been okay. "Look" was the key word.
Looking through the description, I don't see anything else either.

Now does it actually make you look younger, who knows? That's all in the eye of the beholder.

Really?! I am surprised that someone could claim that. I would think that they would have to prove it first. Huh! Thats why threads like this are useful.

 

[thefarmerdaughter]

Im currently working on the back side label for my facial soap using activated charcoal (which I love) and im wondering if I can put something like " activated charcoal gently removes inpurities from your skin while asorbing/removing excess oil." just a though as Im figuring on what wordage to use... or would this even be irrelevant because isnt that what "soap" is supposed to do lol! I just want to express the qualities of activated charcoal without claiming it to be a "drug".

Well, according to the link Genny provided you could say;
Cleans acne-prone skin
Purifies skin by removing dirt
Cleanses oily skin

Personally, and this is just my opinion, when/if I start selling there wont be any claims on any of my soaps.

 

[paillo]

Alrighty, I found the list of Acceptable and Unacceptable wordings/claims you can say about cosmetics:
http://www.hc-sc.gc.ca/cps-spc/pubs/indust/cosmet/index-eng.php#a2 (you have to scroll 1/2 way down the page)

Like I said, it's from Health Canada, but it's similar to what the FDA allows accept a little more strict and better explained.

Also, giving brochures or having links to what the ingredients in your products are known to help, is still implying that your product can do whatever you're trying to imply. Having customer testimonials that contain unacceptable claims is also against FDA regulations.

Extremely helpful, Genny, I'm gonna have to rethink my website and placards. Sad because I think I'd be in a tiny minority in not extolling the known benefits of ingredients. I wouldn't add to my label, but I sure would elsewhere.

Another point: As a consumer, unless I'm pretty educated about ingredients, I WANT to know the documented benefits of particular ingredients. I feel like I, as the soapmaker, have done considerable research on ingredients and have, as honestly as possible, boiled them down for the consumer's benefit. I don't want my buyers to have to research every ingredient.

How totally frustrating and confusing this issue remains.

 

[Genny]

Well, according to the link Genny provided you could say;
Cleans acne-prone skin
Purifies skin by removing dirt
Cleanses oily skin

Personally, and this is just my opinion, when/if I start selling there wont be any claims on any of my soaps.

Don't mention acne or blemishes and honestly I wouldn't even mention oily skin.

 

[Genny]

Extremely helpful, Genny, I'm gonna have to rethink my website and placards. Sad because I think I'd be in a tiny minority in not extolling the known benefits of ingredients. I wouldn't add to my label, but I sure would elsewhere.

There are a lot of us out there that just say "My soap cleans". Probably a lot more than people think, because we see so many people that list the "health" benefits of their ingredients. I believe that there are some ingredients in my products that could help some skin conditions, but I don't say anything about it because I'm not a doctor.

I'm going to be honest. I don't see much of a difference between B & B'ers who choose to sell what are considered OTC drugs and Marijuana dealers. That might offend some people, but we're not doctors, we shouldn't be pretending to be doctors and we don't know the full background of our customers & their health problems.

I feel very strongly about this due to a B & B'er who decided that they were a doctor and could cure my grandfather of his chronic cough. They told him to just keep using a salve they sold him. When he wasn't getting better, they told him that it might take longer for it to work. Not once did they suggest going to a doctor. You might think that he should have known better, but when told that a $5 product could get rid of something as opposed to paying $100's to get rid of something, a lot of people are going to choose the $5 product. Well eventually he got so bad that my uncle fought with him to get him to the hospital. By that time it was too late. He had lung cancer which had spread to almost his entire body. He was dead in less than a year.

 

[gratia]

Yes, there is a fine line we are walking. There is a soap lady at my market who makes Pine Tar soap and claims to clear acne. She told me in not so many words that she "polices" other soap makers and likes to let them know that they don't know what they are doing. Well I made it quite clear that I know what I am doing and then looked at her brochure and she is making these claims. I am not the soap police and let her dig her own grave if you will.

I would just be careful and leave out words like "helps" "clears" "cures" "gets rid of" etc...

My question is-Is there a way to get your soap tested to be able to make claims and if so is it expensive or just not worth it? She also has a shop but I don't think that means much right?

Sorry for rambling and no intention of high jacking.