What Makes a Skincare Product Legally “Clean”?

By Dr. Helena Vos, Regulations & Ethics | International Institute of Beauty

In recent years, the concept of “clean beauty” has captivated the skincare industry and consumers worldwide. Advertised as safer, more natural, and environmentally conscious, “clean” skincare products have become a sought after category.

Yet, despite its popularity, the term “clean” remains legally undefined in many jurisdictions, creating confusion for consumers, brands, and regulators alike.

This article seeks to provide a clear understanding of what it means for a skincare product to be legally “clean,” exploring the regulatory frameworks across different markets, the challenges posed by the absence of standardised definitions, and the ethical responsibilities brands face in this evolving landscape.

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The Elusive Definition of “Clean” in Skincare

Unlike terms such as “organic” or “natural,” which often carry specific certification criteria, “clean” is fundamentally a marketing term. There is no universally recognised legal definition that sets out which ingredients or processes qualify a product as “clean.”

This ambiguity permits a wide range of interpretations, from formulations free of certain synthetic chemicals to products prioritising sustainability and ingredient transparency.

While consumers may equate “clean” with “safe” or “non toxic,” this is not necessarily guaranteed. Indeed, the absence of harmful ingredients does not automatically equate to safety or efficacy, nor does it imply compliance with regulatory safety standards.

Therefore, the key to understanding “clean” skincare lies in recognising the distinction between marketing claims and legal requirements.

Regulatory Approaches to Skincare Products

Though the term “clean” itself lacks legal standing, skincare products are rigorously regulated in most countries to ensure consumer safety.

These regulations govern ingredient usage, labelling, safety assessments, and marketing claims, forming the legal foundation within which “clean” skincare claims must operate.

European Union (EU)

The EU Cosmetics Regulation (EC) No 1223/2009 stands as one of the most stringent regulatory frameworks globally. It mandates that all cosmetic products placed on the market must be safe for human health under normal conditions of use.

The regulation includes a comprehensive list of prohibited and restricted substances and requires manufacturers to conduct a detailed safety assessment before launching a product.

Importantly, the EU prohibits misleading claims on product labelling and advertising.

Therefore, any statement implying a product is “clean” must not be deceptive. Claims such as “paraben free” or “sulphate free” must be truthful and verifiable, aligning with ingredient lists and safety dossiers.

United States (US)

In the US, the Food and Drug Administration (FDA) oversees cosmetic products but does not require pre market approval. Instead, manufacturers bear the responsibility of ensuring product safety. The Federal Trade Commission (FTC) monitors advertising to prevent false or misleading claims.

Unlike the EU, the US does not regulate the use of “clean” claims specifically. This regulatory gap allows brands considerable leeway, but also places the onus on consumers to scrutinise ingredient labels and brand transparency carefully.

Asia Pacific Region

Regulations across the Asia Pacific vary widely. Countries such as South Korea and Japan have strict cosmetic safety regulations that require ingredient registration and safety reviews, while China traditionally mandated animal testing for imported cosmetics (though recent reforms are underway). Australia aligns more closely with EU principles.

This diversity poses challenges for brands marketing “clean” skincare globally, as what qualifies as safe or “clean” in one jurisdiction may differ in another.

Key Legal Requirements Underpinning “Clean” Skincare

For a skincare product to be legally marketed as “clean,” it must fundamentally comply with established regulatory requirements:

1. Ingredient Safety and Transparency

All ingredients must be disclosed on the product packaging using standardised nomenclature. Regulatory authorities require full ingredient transparency to empower consumer choice and facilitate safety evaluations. Transparency also curtails false “clean” claims based on incomplete disclosure.

2. Product Safety Assessment

Manufacturers must conduct rigorous safety assessments, including toxicological evaluations and stability testing. These assessments ensure that products are safe for intended use, regardless of marketing claims.

3. Truthful and Non Misleading Claims

Advertising and labelling must not mislead consumers. Claims implying a product is “clean” must be substantiated. Regulatory bodies actively monitor claims and can impose sanctions for deceptive marketing.

4. Compliance with Environmental and Ethical Standards

While not universally legislated, increasing consumer demand has pushed brands toward ethical sourcing, cruelty free testing, and environmental sustainability. Some jurisdictions have introduced legislation addressing these concerns, further influencing what is considered “clean” in practice.

The Challenges of a Global Definition

The absence of an agreed legal definition for “clean” skincare leads to several issues:

• Consumer Confusion: Without regulatory clarity, consumers may be misled or confused by divergent definitions and claims.

• Inconsistent Regulatory Enforcement: Varied standards across countries make it difficult for brands to comply uniformly.

• Ingredient Disparities: Some ingredients banned or restricted in one country may be permissible elsewhere, complicating global formulation standards.

  
  

To mitigate these challenges, some industry bodies have developed voluntary “clean beauty” certifications. However, these vary in scope and rigor, and are not legally binding.

Ethical Considerations in “Clean” Skincare Marketing

The rise of “clean beauty” also presents ethical questions. Brands must avoid exploiting consumer demand through vague or misleading claims. Transparency, honesty, and adherence to safety standards are ethical imperatives.

Consumers, too, bear responsibility for informed decision making, seeking out reliable information and understanding regulatory frameworks.

Final Thoughts

In conclusion, a skincare product’s legal “clean” status is not defined by a single global standard, but rather by adherence to established safety, transparency, and marketing regulations within individual jurisdictions. While “clean” remains a powerful marketing term, it is essential to differentiate it from legally regulated claims.

As the industry evolves, greater regulatory clarity and harmonisation may emerge. Until then, brands must uphold rigorous safety and ethical standards to genuinely meet the expectations associated with “clean” skincare.

For consumers, critical evaluation and awareness remain key to navigating this complex and dynamic landscape.