“Gluten-Free” Cosmetics: Necessary Assurance or Marketing Flourish? A Look at Claims Across the Pond

Ah, “gluten-free” on a bag of flour? Makes sense. But on a face cream? Now that’s where things

get interesting. As gluten-free claims pop up on everything from lotions to lip balms, the US and

EU are handling this marketing trend in their own unique ways. Diving into the difference

between the European and American thinking on free-from claims exposes each region’s

philosophical approach to claims more generally, with the EU being significantly more

prescriptive in its approach to claims regulation while the US takes a more laissez-faire & you’re

not wrong; approach, giving the cosmetics industry plenty to consider.

EU: Brands should talk about what’s IN the product instead of spinning information

In the EU, cosmetic claims aren’t a free-for-all. With Regulation (EU) No 655/2013, the EU set

up a framework that’s pretty tough on fluff. Every cosmetic claim, from “paraben-free” to “won’t

make you a unicorn” must align with six guiding principles, including Truthfulness, Legal

Compliance, and Evidence. If a claim doesn’t hold weight or, worse, implies a safety benefit

where none is needed, it’s getting side-eyed—or outright shut down. “Gluten-free” on a topical

product? Well, EU regulators might wonder if you’re implying that gluten in cosmetics is

dangerous when applied to the skin (spoiler alert: it’s generally not). Unless there’s a true

allergy risk or unique benefit, these claims aren’t encouraged on EU shelves.

In other words, the EU believes in keeping labels to what’s necessary. They prefer that “free-

from” claims in cosmetics address actual concerns, like allergies or irritants, not trendy dietary

restrictions. This strict approach protects consumers from deceptive “safety” claims and saves

brands from the hassle of going through substantiation for claims that hold little scientific

relevance.

US: “Gluten-free” carrots is, technically, a true statement. What harm is there in that?

Stateside, the FTC and FDA play it a little looser. Cosmetic claims still have to be truthful and

substantiated, of course, but here, the regulatory approach leans more toward “you’re not

wrong.” The FTC might raise a brow if you imply a skin-health miracle from being “gluten-free,”

but they’re unlikely to stop you unless the claim is downright misleading. If consumers want

“gluten-free” products, brands in the US can generally go for it, especially since the FDA doesn’t

have hard rules on gluten-free for topicals.

This “you’re not wrong” attitude gives brands more leeway to cater to consumer preferences,

which, let’s face it, might involve some diet-related marketing spillover. That’s why we see

brands confidently slapping on gluten-free labels, even if only a small slice of their market

actually benefits. And, frankly, as long as brands don’t imply it’s safer or better for the skin

without evidence, regulators typically let it fly.

Why the Difference?

The EU’s stricter stance aims to keep claims meaningful and science-based, focusing on

proactive consumer protection and transparency. They want to avoid what they see as fear-

mongering or irrelevant health claims, which is why “gluten-free” for cosmetics often doesn’t cut

it. In contrast, the US approach favors consumer choice, only stepping in when a claim crosses

the line into blatant deception.

This difference means that while EU brands may want to think twice before going “gluten-free,”

US brands have more flexibility to appeal to consumer trends. For industry professionals, this

divide is essential to understand—especially if you’re selling in both markets. What works as a

selling point in the US might be seen as unnecessary, or even misleading, across the Atlantic.

So, Should You Label Your Cosmetics “Gluten-Free”?

Well, it depends. In the US, the trend sells, and with limited regulatory pushback, it might be

worth the appeal for gluten-avoiding consumers. Just steer clear of language that implies a

safety advantage, and you’re likely in the clear. In the EU, however, the “gluten-free” label is

generally unnecessary unless your product could actually contain wheat derivatives that some

might be allergic to—so save yourself the paperwork and only claim it if there’s a legitimate

reason.

In short, the EU wants evidence-based labels that don’t add fluff, while the US says, “hey, if

that’s what consumers want—go for it!” For those in the personal care products industry,

understanding these nuances can help you stay on the right side of regulation, no matter where

you’re selling.

Philosophically, the EU’s approach places less confidence in the consumer and prohibits brands

from committing the logical fallacy of affirming the consequent: “because our products are

gluten-free” (claim) “they are safer than other products” (logical assumption); since gluten does

not present a significant topical allergic reaction, the EU’s concern for such claims spreading

misinformation is valid.