Cosmetic Claims Considerations for Successful Filing | How Do Companies Do It Right?

Beauty by  Ankita Tripathy 13 November 2018 Last Updated Date: 16 December 2024

Beauty Claims

The moment you seek services from a beauty clinic, you expect to come out looking better than when you entered. Whether it is for a lip filler, hair removal, or facial, you hope they will do a great job in improving your features. The problem is when you leave the clinic looking worse. This is when the brand gets its cosmetic claims wrong.

If you suffered from such services, you might not recover any time soon. You can’t freely move due to the pain and might not even be back at work soon. As such, it is essential for you to find a way to claim justice because of what happened. These tips will help you understand all about beauty claims.

There can be many reasons why one would be required to file a beauty claim. Many women who have worked with not-so-great companies that have promised a lot but failed to deliver have often been left wanting stricter mechanisms to make the companies pay.

What Are Cosmetic Claims?

Cosmetic claims are those that companies put on the back of their products or services. Even if the law does not require a company to make cosmetic claims, they must substantiate it to avoid future legal disputes. 

Especially if your products are going to be on the market soon and will be used directly by humans without any cosmetologist’s intervention. By substantiating cosmetic claims, you ensure that you are fulfilling your business responsibilities. 

For example, a woman that wants the best supplies for eyelash extensions wants to receive the best products. The company should be genuine and deliver on the promise of the customer. If they provide real substandard products then the consumer should have the right to file claims. 

Cosmetic claims are any results your product or service promises to deliver – either on the packaging, advertisement or on the website. EU regulations require cosmetic products to have substantial evidence. This reduces false claims by the companies and prevents consumer harm. 

How Do Companies Get Cosmetic Claims Substantiation?

Despite cosmetic claims substantiation being optional for your target country, it is your responsibility as the manufacturer to back up the claims with evidence. This helps your consumer make informed choices and strengthens your brand’s reputation. It also gives you an opportunity to prove your product’s effectiveness.

These are some of the ways cosmetic companies get it done:

  • Gather evidence through consumer perception questionnaires and tests
  • Use information from scientific publications and market data
  • Experimental studies that could be done by them, a third-party lab or through simulation
  • They may also conduct evaluations on human volunteers with complete information for the participants.

Things to Know Before Filing False Cosmetic Claims

This raises questions about the cosmetic claims of their service/product.

Find the Right Solicitor

You can’t win this fight without a legal expert by your side. You need someone who will help prepare you for the legal challenge. You also need someone who can guide you as you face the court or have an outside court negotiation with the other party.

You might be the victim, but you need to prove that the amount you are asking for is fair enough. You also need to show evidence such as medical records to verify that your health problem was due to the failure of the beauty clinic to do the right thing.

Do Your Research

Although it helps to have a lawyer by your side, it is also helpful if you do your research. Study the laws involving beauty claims such as laser burn claims. You will quickly understand what your lawyer tells you. It won’t be easy to stun you in court or confuse your statements.

You will also feel brave fighting against a massive company because you know that based on the spirit of the law, you are right.

Prepare Yourself Physically and Mentally

It is not easy going through this process. It could even take years in some instances as the legal team of your opponent will do whatever it takes to delay it until you give up.

Even during the negotiations, they will make it tough on you until you agree on a minimal settlement amount. If you do not prepare well for this long and challenging process, you might surrender your claim.

Collect All Your Records

You need to show all the documents that will help you in your case. If you signed a document before you underwent the procedure, you need to show it. If you went to your doctor to have the problem checked after the process, you also need to show the report.

Any other record that will prove that you were a victim, along with the images that you took right after the incident, will help strengthen your case.

You can’t guarantee success when you file a beauty claim. However, you need to give it a try. You can’t let the other party walk free.

You are doing this not only for yourself but for future clients who might also end up with the same fate as you due to the clinic’s negligence.

Wrapping It Up!

That’s all about the way companies can sort their cosmetic claims and have a legally safe future when their products and services hit the markets. This article illustrates the claim from the consumer’s point of view and illustrates all the different ways they substantiate their claims. 

If you are a cosmetics company, ensure your products have proper evidence backing your claims. If you are a consumer who has been negatively affected by a company’s product, follow the article to file a claim.

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Ankita Tripathy

Ankita Tripathy loves to write about food and the Hallyu Wave in particular. During her free time, she enjoys looking at the sky or reading books while sipping a cup of hot coffee. Her favourite niches are food, music, lifestyle, travel, and Korean Pop music and drama.

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