DarshanTalks Podcast

Cosmetic Marketing Mistakes That Trigger Regulators

Darshan Kulkarni

 Beauty brands hit trouble when they forget they’re dealing with two regulators, not one. The FDA controls how cosmetics are labeled and when a claim crosses into drug territory. The FTC cares about whether your marketing is truthful, especially online, and expects competent and reliable scientific evidence for every objective claim you make. Say “clinically proven” without real clinical data and both agencies may come knocking. In this quick breakdown, I explain how to align your claims so they excite consumers while staying compliant. Protect your brand, limit risk, and build trust. Call, click, or email if you need help. 

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Darshan:

This is where brands stumble. How do we balance FDA cosmetic rules with FTC advertising requirements? The FDA regulates product labeling and whether your product is legally a cosmetic or a drug or soap. The FTC enforces truth in advertising standards and they don't just look at the labels, they scrutinize all marketing, especially online. The standard is competent and reliable scientific evidence for any objective claim. So if you claim clinically proven to reduce wrinkles, FTC expects actual clinical data. FD, on the other hand, is going to look at whether those claims crossed it over into the drug territory. The two agencies often coordinate, so a risky claim can get you in trouble with both. But companies looking to grow, especially if you're investing in digital marketing, compliance is not a choice. It's a necessity. It's aligning claims so that they excite consumers, but also stand up to regulatory scrutiny. The brands that get this right protect themselves from enforcement and lawsuits and stand out as trustworthy to consumers and to partners. Call, click, or email.