Making Compliant Marketing Claims: What You Can and Can't Say About Your Eyah Glue
Your marketing claims are your brand’s promise to the customer. Powerful words like “long-lasting,” “gentle,” and “safe” are designed to build trust and drive sales. However, in the United States, these claims are not just marketing copy; they are regulated statements that fall under the jurisdiction of the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC).
Making a claim that is unsubstantiated or, worse, crosses the line into a “drug” claim can lead to warning letters, fines, or even lawsuits. For a private label brand, understanding the rules of the road for marketing claims is a critical part of risk management. This guide will explain the crucial difference between a cosmetic claim and a drug claim and provide a framework for writing copy that is both compelling and compliant.
The Fundamental Rule: Is It a Cosmetic or a Drug?
The FDA and FTC’s entire regulatory approach hinges on one question: based on your claims, how is your product intended to be used?
A “Cosmetic” Claim: A cosmetic is defined as a product used to cleanse, beautify, promote attractiveness, or alter the appearance. Claims that fall into this category are generally acceptable.
Examples of Safe Cosmetic Claims for Eyah Glue:
“Provides up to 12-hour wear” (if you have proof)
“Dries clear for a seamless finish”
“Features a precision brush for easy application”
“Creates a flexible, comfortable hold”
A “Drug” Claim: A drug is defined as a product intended to diagnose, cure, mitigate, treat, or prevent disease, or to affect the structure or function of the body. If you make a drug claim, your product is legally considered a drug and must go through the FDA’s rigorous drug approval process, which is not feasible for a cosmetic.
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Examples of Risky Drug Claims for Eyah Glue:
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“Prevents eye infections” (claims to prevent disease)
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“Reduces inflammation or puffiness” (claims to treat a condition)
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“Makes your natural lashes grow longer” (claims to affect a bodily function)
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“Strengthens your natural lashes” (claims to affect the structure of the body)
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Navigating the Gray Area: Common Pitfalls for Brands
Some of the most popular marketing terms exist in a regulatory gray area. Here’s how to navigate them carefully.
The “Hypoallergenic” Claim: This is one of the most misused terms. It implies that your product will not cause allergic reactions—a health claim. The FTC requires that brands have competent scientific evidence to substantiate this claim before making it. Without extensive clinical testing, making this claim is very risky.
A Safer Alternative: Use descriptive, not medical, language. “Formulated for sensitive eyes,” “Dermatologist-tested,” or “Formulated without common irritants like latex and fragrance
“Nourishing” or “Conditioning” Claims: If your glue contains ingredients like Vitamin E or Biotin, it’s tempting to say it “nourishes” lashes. This can imply a structural or health benefit.
A Safer Alternative: Focus on the aesthetic or feeling. “Conditions the feel of lashes,” or “Contains Vitamin E for a touch of nourishment.”
The “Clean” and “Natural” Claims: These terms are not officially defined by the FDA, so they have more flexibility. However, the FTC’s truth-in-advertising rules still apply. You must be able to define what “clean” means for your brand and be prepared to defend it. Avoid making your product seem safer or more effective than it is simply because it’s labeled “natural.”
The Golden Rule: You Must Have Substantiation
For any objective, measurable claim you make, you must have proof before you publish it.
If you claim “Lasts for 16 hours,” you need data from wear tests on human subjects to prove it
If you claim “Dermatologist-Tested,” you must have actually paid a dermatologist or a lab to conduct a test and have the report on file.
Crafting your marketing message is a creative process, but it must be grounded in legal reality. The safest and most effective strategy is to focus your claims on the appearance-altering and beautifying effects of your eyah glue. Be honest, be transparent, and always be able to prove what you say. This approach will not only keep you compliant but will also build a foundation of trust with your customers.
Disclaimer: This guide is for informational purposes only and is not a substitute for legal advice. We strongly recommend having all packaging, website, and marketing claims reviewed by a qualified attorney specializing in FDA and FTC regulations.
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