Regulation vs. Reality: How to Prevent Misleading Claims in Sun Care Formulation

Before we dive into (misleading) sun care claims, let's briefly look at what a cosmetic claim is. Cosmetic claims come in all shapes and sizes: any text, image, or symbol that is used to imply characteristics or functions that a product has, is a claim. In the EU, cosmetic claims are governed by Regulation (EU) No 655/2013, which lays down the common criteria for the justification of claims used in relation to cosmetic products. As stated,

"(...)cosmetic products play such a big part in end users' lives, it is important to ensure that the information conveyed to them through such claims is useful, understandable and reliable, and that it enables them to take informed decisions and to choose the products that best suit their needs and expectations."

When a brand can't substantiate or uphold claims made in regard to their product(s), this can lead to financial penalties or costly lawsuits. Forced withdrawals and recalls can add further costs that need to be actioned. But the consequences aren't just financial; false or misleading claims can lead to loss of consumer trust, reputational damage, and even consumer harm. 

💡 Covalo Tip: For a full introduction to misleading claims, including common misleading claims to avoid, we recommend you consult this guide. 

Why sun care claims are under extra scrutiny

Sun care products occupy a unique space between cosmetics and health-related products. While sunscreens are regulated as cosmetics in the EU, their primary function – protecting against UV radiation – has direct implications for consumer safety. 

For this reason, regulators pay close attention to how sun protection benefits are communicated, especially when claims could:

• Overstate protection (such as "sunblock" or "total protection");
• Downplay the need for reapplication (such as "all day prevention");
• Imply medical or absolute effects.

This heightened scrutiny is reflected in the European Commission Recommendation 2006/647/EC, which sets specific rules for the efficacy, labelling, and claims of sunscreen products. This Recommendation establishes harmonized principles to ensure sunscreen claims are accurate, comparable, and not misleading.

Prohibited claims

Sunscreen products must not use claims that imply 100% protection from UV radiation and that there's no need to reapply. Such claims are considered misleading because no sunscreen can provide complete or permanent protection.

Mandatory warnings and instructions

Sunscreen labels should clearly communicate that no sunscreen provides 100% protection, and that overexposure to the sun is a serious health risk. In addition, instructions for use must be included to ensure the claimed efficacy is achievable, such as "Apply before sun exposure" and "Reapply frequently, especially after swimming, towelling, or perspiring". Where relevant, packaging should also indicate the quantity of product needed to achieve the stated SPF.

SPF and protection categories

The efficacy of a sun care product should be communicated using a Sun Protection Factor (SPF) value, and one of the standardized protection categories: "low", "medium", "high", or "very high" protection. This standardized system helps consumers compare products, preventing creative – but misleading – interpretations of protection levels. 

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Practical dos and don'ts of sun care claims

• ✅ DO: Substantiate every claim
  Ensure that each claim – whether SPF related, performance-based, or sensory – is supported by:
  
  • In vivo or in vitro testing
  • Robust study design
  • Data relevant to the finished formulation, not just individual ingredients
• ❌ DON'T: Rely on ingredient reputation alone
  An ingredient's well-known UV-absorbing or antioxidant properties do not automatically justify a claim in your final product. Concentration, formulation context, and interactions all matter.
• ✅ DO: Use harmonized and recognized claim language
  Stick to terminology recognized by regulators and industry guidance. Standardized SPF categories and approved phrasing reduce the risk of misinterpretation.
• ❌ DON'T: Use absolute or overreaching language
  Avoid words and phrases like "total", "complete", "full", or "once-a-day". These are red flags for regulators and often impossible to substantiate. 
• ✅ DO: Make consumer behavior part of the claim context
  If a product's efficacy depends on correct usage, this must be clearly communicated. Claims should never imply that safe sun behavior is unnecessary.
• ❌ DON'T: Blur the line between cosmetic and medical claims
  Claims suggesting the prevention of disease, DNA damage repair, or long-term health outcomes may reclassify a product as medical, triggering an entirely different regulatory framework. 

Bridging regulation and reality with smarter ingredient selection

One of the biggest challenges in claim compliance is ensuring that ingredients, formulation, and marketing claims are aligned from the start. This is where platforms like Covalo play a practical role. When searching for ingredients on Covalo, brands can already:

• Discover ingredients associated with specific claim categories, including performance-related claims;
• Review supplier-provided substantiation and documentation;
• Align ingredient selection with intended claims early in the formulation process.

By linking ingredient discovery directly to claims and functionality, brands reduce the risk of overpromising in marketing, underdelivering in performance, and retrofitting claims after formulation is complete.

In short: choosing ingredients with proven, claim-relevant performance makes compliance easier, and credibility stronger. 

Final thoughts

In sun care, misleading claims are more than a regulatory issue; they're a trust issue. Brands that invest in substantiated claims, transparent communication, and compliant ingredient selection are better positioned to succeed in a landscape where regulators and consumers alike demand accuracy.

By understanding the rules, avoiding common pitfalls, and using smarter tools to connect formulation decision with real-world claims, brands can ensure their sun care products deliver protection not just on paper, but in practice as well.