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Can a call an ester of oil in ads?
I know ester and oil aren’t exactly the same thing, but do you think at least in advertesing texts can I call an emolient ester of oil?
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5 Replies
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What “oil” do you mean?
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Emolients in general, like Cetyl Ethylhexanoate.
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To add to that, what about PEG-50 Shea Butter or Olive Oil PEG-7 Esters? Can those be referred to simply as shea butter and olive oil in a product’s marketing? Thank you.
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Cetyl ethylhexanoate is an ester.
Work with the definitions
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The term “oil” is pretty flexible in the cosmetic industry, at least when it comes to marketing language. If we want to get technical Jojoba Oil isn’t really an oil (it’s a liquid wax) but the industry is fine with calling it an oil. I’d say pretty much anything that is not soluble in water might be referred to as an oil in advertising even though, scientifically speaking, it wouldn’t be considered an oil.
There was a lawsuit going around claiming just that. Saying that anything that isn’t soluble in water is an oil. Of course, it was dismissed so from a legal standpoint just being insoluble in water is not enough to consider something an oil. https://www.cosmeticsandtoiletries.com/regulations/claims-labeling/news/22262614/oilfree-cosmetics-suit-vs-target-dismissed-mostly
cosmeticsandtoiletries.com
'Oil-free' Cosmetics Suit vs. Target Dismissed, Mostly
According to a report by Law360, a proposed class action suit claiming retailer Target misled consumers over claims of 'oil-free' cosmetics was dismissed in 12 of 13 instances by an Illinois federal judge.
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