Why brands can't say "treats acne" but can say "helps reduce the appearance of blemishes." Understanding the legal framework behind skincare marketing language.
Have you ever noticed how skincare products describe their benefits in oddly specific ways? "Helps reduce the appearance of fine lines" instead of "reduces wrinkles." "Supports skin's natural clarity" instead of "clears acne." This isn't marketing creativity—it's legal necessity.
The language on your skincare products is carefully crafted to stay on the right side of a legal line that separates cosmetics (which beautify) from drugs (which treat). Cross that line, and your moisturizer suddenly requires FDA approval, clinical trials, and a prescription.
Legal Definition (FDA): "Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body... for cleansing, beautifying, promoting attractiveness, or altering the appearance."
Legal Definition (FDA): "Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease" or "intended to affect the structure or any function of the body."
Skincare marketers have developed a sophisticated vocabulary to imply efficacy without making drug claims. Here are the key phrases and what they legally allow brands to avoid:
"Reduces wrinkles"
"Reduces the appearance of fine lines"
"Treats acne"
"Helps clear skin" or "For blemish-prone skin"
"Increases collagen"
"Supports skin's natural renewal process"
"Heals damaged skin"
"Helps restore skin's healthy look"
"Prevents aging"
"For a more youthful appearance"
Some products straddle the line—they're called OTC (Over-the-Counter) drugs. These products CAN make drug claims because they contain FDA-approved active ingredients at specified concentrations.
CAN say "treats acne"
CAN say "prevents sunburn"
CAN say "treats dandruff"
CAN say "protects minor skin irritation"
Look for a "Drug Facts" panel on the packaging. This is required for all OTC drugs and lists the active ingredient(s), purpose, uses, warnings, and directions. If there's no Drug Facts panel, it's being sold as a cosmetic—regardless of what the marketing implies.
A product sold in Korea as a "functional cosmetic" with whitening claims may be reformulated or relabeled for the US market because those same claims would make it an unapproved drug. Same brand, different product—and different regulatory oversight.
Some claims describe what a product does to the skin's structure without claiming to treat a disease. These occupy a regulatory gray zone:
"Firms skin" — Does this mean it affects collagen (drug claim) or just creates a temporary tightening sensation (cosmetic claim)?
The FDA generally allows structure/function claims for cosmetics if they don't imply treating a disease or fundamentally altering skin physiology.
A product might not make explicit drug claims but heavily features ingredients known for drug-like effects:
"Contains 2% salicylic acid" (without Drug Facts panel) — The ingredient itself implies acne treatment, even if the product doesn't say so.
This is technically non-compliant but rarely enforced unless the company is explicitly marketing for acne treatment.
Brands can't make drug claims—but what about the influencers they pay?
Brand says: "For clearer-looking skin"
Paid influencer says: "This completely cleared my acne!"
The FTC holds brands responsible for claims made by paid endorsers. But enforcement is inconsistent, and the practice is widespread.
Cosmetics can only claim to beautify or cleanse—not treat or cure
"Appearance of" and "helps" are legal phrases to avoid drug classification
Look for Drug Facts panels on products making treatment claims
Cosmetics don't require FDA approval before sale
International regulations vary—same brand may have different formulas
Focus on ingredients and evidence, not marketing language
Disclaimer: This article provides general information about US cosmetic and drug regulations and is not legal advice. Regulations change and vary by jurisdiction. Always consult relevant regulatory authorities or legal counsel for specific compliance questions.
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