Use of Health Declarations in Cosmetic Products

A health declaration is any statement or implication that a product or ingredients within its composition confers a benefit on human health or helps prevent, alleviate or treat diseases. Such declaration may be used on product labels, promotional materials or in advertisements. The use of health declarations in relation to cosmetic products is prohibited; the main purpose of this prohibition being to prevent a perception among consumers that the use of such products will have a positive effect on their health or help maintain their current state of health.

In this context, the use of statements claiming to diagnose, treat, prevent diseases or to alter physiological functions, as well as referring to the effects of medicinal products for human use is prohibited in the promotion of cosmetic products under the Guideline on Cosmetic and Borderline Products. Accordingly, the use of statements such as those listed below would not be considered compliant for cosmetic products:

“This cream reduces the symptoms of psoriasis and prevents skin scaling.”

“The active molecules in its formula accelerate cell regeneration at metabolic level, thereby eliminating wrinkles.”

“It creates a Botox-like effect by relaxing facial muscles and smooths deep lines without need for injections.”

The prohibition on health declaration constitutes only one aspect of the principles applicable to statements made in relation to cosmetic products. As for the statements that do not qualify as health declarations, the Guideline on Claims for Cosmetic Products (“Guideline”) sets out the principles governing the content and presentation of claims concerning cosmetic products. These principles may be summarised as follows:

• Legal Compliance. Statements and visuals indicating that the relevant product has been approved by the Ministry of Health (“Ministry“) or the Turkish Medicines and Medical Devices Agency (“Agency“) may not be used on the labels, packaging, or promotional materials of cosmetic products. Furthermore, statutory requirements under the cosmetics legislation may not be presented as a product-specific advantage or benefit. For example, a cosmetic product label may not include the statement “Does not contain hydroquinone,” given that the ingredient hydroquinone is already listed among the prohibited substances under the Cosmetic Products Regulation. Similarly, the statement “ÜTS notification has been made” may not be used, as making Product Tracking System (ÜTS) notification is a pre-requisite for placing the cosmetic products on the market.
• Statements in relation to cosmetic products must not be based on false or irrelevant information. If it is stated that the product contains a specific ingredient, that ingredient must actually be present in the product formulation, and the final product must genuinely possess these characteristics. For example, a product that is explicitly stated to contain honey must contain real honey rather than honey flavour.
• Evidential Support. All direct or indirect claims concerning cosmetic products must be supported by adequate and verifiable evidence, and best practices should be applied to ensure their accuracy. For example, a claim that a moisturiser “provides 24-hour hydration” should be supported by a study conducted on participants according to the statistical principles and carried out by qualified experts, with the study’s details and results included in the product information file as a signed report. In addition, when the formulation of a cosmetic product is changed, it is essential to ensure that the evidence supporting the product claims remains valid and still applicable.
• Claims relating to the performance or function of a cosmetic product must not be contrary to the principle of honesty. For example, a claim such as “one million consumers prefer this product” based solely on a sales figure of one million units, would not be acceptable, as the act of purchase does not demonstrate that consumers have selected the relevant product upon conscious and comparative assessment of available alternatives. Furthermore, expressions implying superiority, such as “unique, one-of-a-kind, best, most effective” should not be used in claims for cosmetic products that share the same characteristics as other products on the market. Where the effect of a cosmetic product is contingent upon certain conditions, this must be clearly disclosed. For instance, if the performance promised by a shampoo is only achieved when used together with a conditioner, this condition must be expressly stated.
• Fairness/Competition. Claims relating to cosmetic products must be objective in nature and must not contain disparaging statements regarding ingredients that are legally used, nor discredit competing products. Furthermore, such claims must not give rise to confusion or cause consumers to be misled with respect of competing products. For example, a claim such as “Well tolerated as it does not contain mineral oils” may constitute an unfair advantage over cosmetic products that do contain mineral oil yet are equally well tolerated, and may give the impression that the absence of mineral oil constitutes a benefit. Similarly, a statement such as “Low in allergen as it does not contain preservatives” would be incompliant as it may imply that all preservatives are allergenic.
• Informed Decision-Making. Claims relating to cosmetic products must be clear and understandable to the average end user. They should also contain sufficient information to enable the end user to make an informed choice. Marketing communications should be prepared taking into account the perception and comprehension level of the target audience, and the language used must be clear, precise, relevant and intelligible. In this context, where the cosmetic product in question is intended for professional audience, a more technical language may be used, taking into account the level of knowledge of the target group.

The prohibition on health declarations and non-compliance with cosmetic product claims are subject to the supervision by the Agency. In case of breach of the prohibition on health declarations, the Agency is authorised, among others, to suspend non-compliant promotional activities and sales, to require such activities be brought into compliance, and to order the recall and destruction of the relevant cosmetic products. In addition, administrative fines ranging from TRY 397,500 to TRY 5,961,100 are envisaged for such violations in 2026; in the event of repeated infringements, such fines shall be doubled. Where the violation is committed via the internet or other electronic platforms, the Ministry shall immediately decide to block access and notify the Information and Communication Technologies Authority for the implementation of such decision.