Article 20 of the cosmetics regulation says that a Responsible Person must make sure no claim implies a characteristic or function the product lacks. The government's statutory guidance for Great Britain was updated on 29 June 2026. In that guidance, Great Britain means England, Scotland and Wales. It says the rule covers claims made in texts, names, trademarks and figurative or other signs. So a product name or an image that implies a function the product lacks can breach it. Northern Ireland applies the same Article under the Windsor Framework.
An agency that has not read that rule treats a claim as a sentence in an ad. Its work can then breach the rule through a product name or an image without one risky word in the body copy. The agency drafts those assets, but the duty sits with the Responsible Person. The rest of this article shows how to see, from the outside, whether an agency works as if it knows that.
How it talks about who answers for a claim
You can hear this in the first meeting and read it in the proposal.
The weak sign is an agency that calls claims a client matter. Its proposal says the client approves all copy and carries all risk. It describes no step where anyone checks evidence. That stance ignores rule 1.8 of the UK's CAP Code, which puts primary responsibility on marketers but says agencies also accept an obligation to abide by it. The brand is still the party the rules look to first. Rule 1.10 gives marketers primary responsibility for ensuring that their marketing communications are legal.
The United States points the same way. The FTC's Endorsement Guides say that advertisers are subject to liability for misleading or unsubstantiated statements made through endorsements. They add that agencies may be liable where they know or should know an endorsement is deceptive. The agency is exposed too, so a good one has a process rather than a disclaimer.
The strong sign is a written claims process. It says who drafts each claim, who checks it against evidence, who signs it off and where the sign-off is stored. It also names the Responsible Person. In Great Britain, a cosmetic product cannot be placed on the market unless there is a Responsible Person established in the UK. So every product you sell there already has one, and the agency should know who it is. In Northern Ireland, the Responsible Person can be established in Northern Ireland or the EEA. Ask which regime your product sits under.
We think this is why claims habits matter more than the portfolio. A portfolio shows what ran. It cannot show whether anyone held the evidence when it ran.
What it asks for before it writes a word
The weak sign is a kickoff that asks for a brief, brand colours and competitor links. The first draft then arrives before anyone has seen a test report. The strong sign is a kickoff that asks for evidence, product by product.
In the UK, CAP Code rule 3.7 says marketers must hold documentary evidence to prove objective claims before distributing a marketing communication. CAP's own advice says that efficacy claims for beauty products need to be supported by tests on people. It adds that in-vitro trials have frequently been dismissed as inadequate. It also says that a claim such as "my dark spots reduced" cannot be evidenced through a consumer survey and should be observed in a clinical setting.
The agency worth hiring therefore asks which claims rest on a clinical study, which rest on a consumer panel and which rest on neither. It separates sensory claims, such as "skin feels smoother", from objective ones. CAP treats sensory claims based on consumer perception tests as low-risk and relatively easy to substantiate.
It also asks where the proof sits. In Great Britain, the Product Information File covers the nature and proof of effect of the product. The Responsible Person must make that file readily accessible to a competent authority. The agency does not need your whole file. It does need to know the proof exists and what each claim rests on.
In the United States, FDA says that cosmetic products and ingredients, with the exception of colour additives, do not require FDA approval before they go on the market. Under MoCRA, a responsible person must ensure and maintain records supporting adequate safety substantiation of their cosmetic products. That duty concerns safety. The evidence behind an efficacy claim is a separate question. There the FTC expects advertisers and ad agencies to have a reasonable basis for claims before they are disseminated. MoCRA also exempts certain small businesses from registration and product listing requirements. So an agency should not assume you have an FDA listing to point to.
Until your test reports exist, no agency can supply them, and a freelance copywriter for a single launch, or a wait until the tests finish, may serve you better than a retainer.
How its sample copy treats the line between cosmetic and medicine
Give the agency three lines from your own range to rewrite, or read the claims in its beauty portfolio. The lines to watch are the ones that promise a cure.
The weak sign is copy that says a product heals, treats or cures. In the UK, CAP Code rule 12.1 defines a medicinal claim as one that a product can treat or prevent disease in human beings. Rule 12.7 says that unqualified claims such as "cure" and "rejuvenation" are not generally acceptable, especially for cosmetic products.
The strong sign is a rewrite that keeps the benefit and changes the verb. CAP advice says an ad stating that a cream can reduce the appearance of fine lines and wrinkles is likely to be acceptable. An ad that states or implies an anti-ageing or anti-wrinkle effect is not. We sell beauty and skincare marketing ourselves, so run the same rewrite test on any samples we show you. CAP also says that claims such as "improves skin in X days", known as cumulative effects, are unlikely to be acceptable without a high level of evidence. Where a lack of efficacy could cause a safety problem, as with sun protection, the Great Britain guidance says more evidence may be required. Our post on marketing a skincare brand in a regulated space goes through the UK rules in more detail.
In the United States, the line turns on intended use. FDA says that a product's intended use decides whether it is a cosmetic or a drug. It adds that claims in advertising or on the internet can establish that use. Its examples of drug claims include restoring hair growth and reducing cellulite. Moisturisers and make-up marketed with sun-protection claims are cosmetic and drug products that must comply with the requirements for both. The FD&C Act does not recognise any category of "cosmeceuticals".
An agency that puts "cosmeceutical" or "FDA approved" on a cosmetic serum has not read FDA's own page. Great Britain's guidance is just as firm that claims of compliance with legal requirements or approval by a competent regulatory authority are not allowed.
How it handles creators and images
Open five of the agency's creator posts for beauty brands and read the first line of each.
The weak sign is a personal discount code and no ad label. Another is a "gifted" tag, or an ambassador line in the bio and nothing in the post. The ASA's May 2025 report estimated that about 57% of influencer content on Instagram and TikTok in the UK would likely be adequately disclosed as advertising. Within fashion and beauty, it noted undisclosed brand ambassador relationships and personalised discount codes with no ad disclosure label. CAP guidance says that the ASA has ruled against a number of social media posts with personalised discount codes. It also says that labels such as "Gifted" are unlikely to be considered sufficiently clear.
The strong sign is "Ad" first. At a minimum, the ASA is likely to expect a prominent 'ad' label upfront. CAP says the label applies to all types of marketing content, from a post about a gifted product to a brand collaboration. Both brands and influencers are responsible for ensuring that ads are obviously identifiable. When a brand has editorial control over a post and that advertorial is found to breach the Code, both the influencer and the brand will be named in the ASA ruling. In the United States, advertisers are subject to liability for failing to disclose unexpected material connections between themselves and their endorsers. The better agency writes the disclosure rule into the creator brief and checks posts before they go live.
Images need the same care. CAP advice says that the ASA has upheld complaints where retouching gave a misleading impression of the results a product is likely to achieve. The strong sign is a written rule on retouching, filters and lighting for any image that shows a result.
Who holds the keys
The weak sign is ad accounts opened in the agency's own name. Another is creative delivered only as finished files. A third is claims evidence and approvals sitting in an agency inbox. The strong sign is that you own the accounts and the agency has access you can remove. You also hold the master files, the written assignment of rights and the evidence file.
Start with the accounts. In Google Ads, the Managers section under Admin shows which manager account is listed as the Owner of a client account. Also in Google Ads, users with administrative access to a client account can end the relationship at any time by unlinking it. Ask the agency to show you that screen on day one. Then check the same thing for your Meta ad account, pixel, email platform and product feed.
Next, the creative. UK government guidance says that an employer is the first owner of copyright in a work an employee makes in the course of employment, subject to any agreement to the contrary. So photography, video and copy made by an agency's staff start as the agency's unless your contract assigns them to you. For freelancers, a person working under a contract for services will usually retain copyright unless the contract says otherwise. Ask for assignment in writing, and include the rights to creator content you pay for.
Last, the evidence. CAP rule 3.7 puts the duty to hold documentary evidence on the marketer. So the evidence file and the sign-off log must sit where you can produce them on request.
What its beauty proof shows
The weak sign is a logo wall. Another is a line such as "we work with beauty brands" with no product class. A third is results quoted without saying what the ads claimed. The strong sign is a case study that names the product class and says what the main claims rested on. It also comes with a client you can phone.
Product class matters. CAP says that marketers promoting beauty supplements are essentially advertising a food and should take the Food Rules into account.
Then use the public record. The ASA publishes its rulings every Wednesday. It also publishes a list of companies that agreed to amend or withdraw an ad without a formal ruling. Search the names of the agency's beauty clients there. A past ruling is not proof the agency did wrong. It is a prompt to ask what changed afterwards. For US clients, ask whether any received a warning letter from FDA or an inquiry from the FTC. Ask what the agency changed in response.
The checks in one table
Print this and fill in the strong-sign column for each agency on your shortlist.
| Check | Weak sign | Strong sign | Rule behind it |
|---|---|---|---|
| Who answers for a claim | Proposal calls claims a client matter, with no evidence step | Written steps for drafting, evidence check, sign-off and storage, with the Responsible Person named | CAP Code rules 1.8 and 1.10 (UK); cosmetics regulation Article 20 (GB, NI); FTC Endorsement Guides (US) |
| What it asks for first | A brief, brand colours and competitor links | Which claims rest on human tests, panels or neither, and where the proof of effect sits | CAP Code rule 3.7 and CAP advice; Product Information File (GB); FTC substantiation policy (US) |
| Cosmetic or medicine | Keeps "treats", "cures", "FDA approved" or "cosmeceutical" | Keeps the benefit and changes the verb; treats sun protection as a cosmetic and drug issue in the US | CAP Code rules 12.1 and 12.7; FDA intended use; GB guidance |
| Creators and images | Discount code, "Gifted" tag or bio line; retouching decided in the edit | "Ad" first in every post; a written rule on retouching and filters | CAP guidance; ASA May 2025 report; CAP advice on exaggeration |
| Who holds the keys | Accounts in the agency's name, finished files only, evidence in an agency inbox | You keep admin access, master files, a written assignment of rights and the evidence file | Google Ads help; UK copyright guidance; CAP Code rule 3.7 |
| Beauty proof | Logo wall | Product class, claim basis and a client you can phone | CAP advice; ASA rulings list |
The table travels to any agency meeting without us; if one of its rows is where your own decision has stalled, tell us about your business.
↳ Frequently asked
01Who signs off a skincare claim when the agency writes it?
In Great Britain and Northern Ireland, the Responsible Person remains the party Article 20 of the cosmetics regulation names. That person or company should read and approve every claim before it runs. The agency can draft and carries its own obligations under the CAP Code. A good one asks for your sign-off in writing and stores it with the evidence.
02Is a skincare claim safe to use because a competitor already runs it?
No. CAP rule 3.7 asks the marketer to hold documentary evidence for its own claims before the ad goes out. A competitor running a line does not show that evidence exists for your formula. A claim copied across can be unsupported for your product even where it was supported for theirs.
03Can a US skincare ad say a serum is FDA approved?
It should not. FDA states that cosmetic products and ingredients, other than colour additives, do not need approval before they are sold. So the phrase has no basis for an ordinary cosmetic. Great Britain's guidance also says claims of approval by a competent regulatory authority are not allowed for cosmetics.
04Does a creator post about a gifted lipstick need an Ad label?
CAP guidance says the label applies to all types of marketing content, from a post about a gifted product to a brand collaboration. It says the ASA is likely to expect a prominent label upfront. Labels such as Gifted are unlikely to be clear enough on their own.
05Does an SPF claim change what moisturiser copy can say?
Yes. FDA treats moisturisers and make-up marketed with sun-protection claims as both cosmetics and drugs, so both sets of requirements apply in the US. In Great Britain, the guidance says claims where a lack of efficacy may cause a safety problem, such as sun protection, may need more evidence.