Uploaded November 2025 | Updated September 2026, 3 hours ago
I don’t know who needs to hear this, but just because you have an “improves appearance of” add-on to your drug-like claim does not mean the claim is automatically not a drug claim. Claims laws are a lot more complex than that! After my last reel on the rampant trend of illegal drug claims, where I highlighted hyperpigmentation as an example, I got some pushback, also a lot of great questions, so I’m back for part 2. I covered as much as I could in a reel format - it’s extra jammed packed with info I know, regulatory is such a huge topic. If you want to have a decent groundwork for this stuff, you definitely should tune into my latest podcast with Meredith Petillo. She is such a wealth of knowledge, and also really skilled at breaking this stuff down. My latest episode would be especially helpful to indie brands! Tune in here: theecowell.com/podcast/meredithpetillo
Unfortunately, illegal drug claims are pretty rampant ATM. Personally, when I see them, it’s a red flag. It usually signals shortcuts (If they skimped on something so basic and visible, how can we expect the brand to manage the arguably harder stuff, like quality...), and they also make it so much harder for honest brands who actually follow the rules since consumers start to expect these kinds of claims. I find these claims especially rich when they come from brands who purportedly care about misinformation, because they are LITERALLY ADDING TO THAT PROBLEM.
Disclaimer - the word “hyperpigmentation” doesn’t automatically mean drug claim. For example, if you have foundation that claims to cover it up well. However, once you start talking about fading hyperpigmentation over time, that’s when you get into the risk zone.
I don’t know who needs to hear this, but just because you have an “improves appearance of” add-on to your drug-like claim does not mean the claim is automatically not a drug claim. Claims laws are a lot more complex than that! After my last reel on the rampant trend of illegal drug claims, where I highlighted hyperpigmentation as an example, I got some pushback, also a lot of great questions, so I’m back for part 2. I covered as much as I could in a reel format - it’s extra jammed packed with info I know, regulatory is such a huge topic. If you want to have a decent groundwork for this stuff, you definitely should tune into my latest podcast with Meredith Petillo. She is such a wealth of knowledge, and also really skilled at breaking this stuff down. My latest episode would be especially helpful to indie brands! Tune in here: theecowell.com/podcast/meredithpetillo
Unfortunately, illegal drug claims are pretty rampant ATM. Personally, when I see them, it’s a red flag. It usually signals shortcuts (If they skimped on something so basic and visible, how can we expect the brand to manage the arguably harder stuff, like quality...), and they also make it so much harder for honest brands who actually follow the rules since consumers start to expect these kinds of claims. I find these claims especially rich when they come from brands who purportedly care about misinformation, because they are LITERALLY ADDING TO THAT PROBLEM.
Disclaimer - the word “hyperpigmentation” doesn’t automatically mean drug claim. For example, if you have foundation that claims to cover it up well. However, once you start talking about fading hyperpigmentation over time, that’s when you get into the risk zone.
