Cosmetic Products – Current Status of “Free From…” Claims

Reminder of the applicable framework

10/07/2013 – Any claim associated with a cosmetic product, including claims stating that a product does not contain a given substance (“free from …”), must comply with the six common criteria set out in Regulation (EU) No 655/2013 of 10 July 2013:

• Compliance with the law
• Truthfulness
• Evidential support
• Honesty
• Fairness
• Informed decision-making

19/09/2016 – The Commission Report COM (2016) 580 highlighted the need to clarify how to assess claims such as “free from [authorised ingredient]”.

03/07/2017 – A new version of the Technical Document on cosmetic claims was issued, including Annex III dedicated to “Free from…” claims.

01/07/2019 – These provisions were incorporated into the ARPP Cosmetic Products Recommendation (version 8).

16/04/2020 – ANSM and DGCCRF published joint guidance: “‘Free from’ claims in cosmetic products: clarification from the supervisory authorities”.

03/07/2023 and 01/10/2025 – Updates to this guidance.

17/11/2023 – DGCCRF indicated that, during its inspections, it prioritised claims relating to composition, particularly “free from …” claims.

“Free from …” claims: what is permitted?

Prohibited claims

• Claims referring to substances that are already prohibited – e.g. “free from corticosteroids”
• Claims referring to characteristics already required by regulation – e.g. “not tested on animals”
• Claims based on unverifiable information – e.g. “free from endocrine disruptors”, “free from allergens”
• Claims denigrating authorised substances whose absence can be verified through the INCI list – e.g. “free from triclosan”, “free from paraffin”, “free from sodium laureth sulfate”
• Claims referring to a group of substances where some are prohibited and others authorised – e.g. “free from parabens”, “free from phthalates”, “free from nanomaterials”, “free from titanium dioxide”

Tolerated claims

Claims may be acceptable where they:

• Comply with the six criteria set out in Regulation (EU) No 655/2013
• Are not the primary marketing argument but provide useful information to consumers

Examples (assessed on a case-by-case basis): “free from alcohol”, “free from soap”, “free from perfume”, “free from GMOs”, “free from silicones”, “free from animal-derived ingredients/substances”.

Monitoring of “free from” claims

During its inspections, DGCCRF identified numerous false, misleading or denigrating claims such as: “zero controversial substances”, “clean formulation”.

Consequences of non-compliance

• Warning: where there is no clear intent to mislead
• Injunction to comply for more serious breaches, for example:
  • “free from ethanol” or “free from perfume” not consistent with the actual composition
  • “free from major allergens”
  • Asterisks qualifying or weakening the claim
• Official reports and fines in case of continued non-compliance

In 2025, DGCCRF continues to identify breaches. Operators must be able to provide evidential support for any claim.

Enforceability of ANSM / DGCCRF guidance

By an interim order dated 4 June 2025, the President of the Nanterre Administrative and Economic Court considered that “free from” or “0%” claims relating to allergens, endocrine disruptors and parabens do not comply with the professional diligence requirements set out in Article L.121-1 of the Consumer Code.

The ANSM / DGCCRF guidance, updated on 1 October 2025, is now an enforceable and effective reference before the courts.