Fine Print: Samples Made Legal
The fine art of understanding and applying packaging regulations to free sample packages.
By Holly C. Young and Marcus TiradoHirschhorn + Young Graphics
In the European Union:The European Cosmetics Directive provides the option of including a leaflet, label, tag, tape, or card with a package if a package does not have sufficient label space to fit mandatory labeling information. If brands choose to take this route, this symbol must be placed on a package so that consumers know to look elsewhere on the package for the additional information. NOTE: All required information must be provided in the official language of each member state where a product is marketed.
The use of free samples may be one of the oldest sales promotion techniques, dating back to the beginning of the trade for goods and services.
Today, free product samples are used extensively in the cosmetic and personal care industries and are especially effective in getting consumers to try a product for the first time. However, what companies may not realize is that they are responsible for applying mandatory labeling regulations to packages for free samples, just as they are responsible for applying labeling regulations to product packages sold at retail.
While all personal care products have mandatory packaging regulations, the information listed below is geared to personal care products that are offered solely as free gifts or free samples. Retail gift sets or samples that are offered as a “gift with purchase” are not considered free samples and therefore fall under standard labeling regulations for personal care products.
In the United States:A firmly affixed tag, tape, or card may be used if a package does not have sufficient label space at the point of distribution.
Below is a brief visual description of the current mandatory requirements for free samples. These requirements are not limited to perfume vials and packettes; they apply to any free personal care product sample distributed in markets in both the United States and the European Union. It is essential that your free sample packaging comply with the mandatory requirements noted in red to ensure regulatory compliance.
As always, companies strive for safe, innovative, and high-quality cosmetic and personal care products that help consumers live better and healthier lives. By adhering to the packaging regulations that were designed to protect consumers, you are informing your customers that your fabulous and innovative products are not only of high quality, but are also safe.
References: Fair Packaging and Labeling (FP&L) Act [sec. 5(c) and 6(a)]; Federal Food, Drug, and Cosmetic (FD&C) Act [sec. 701(e)]; Code of Federal Regulations [21 CFR 1.24]; Food and Drug Administration (FDA)/Center for Food Safety and Applied Nutrition (CFSAN) “Cosmetic Labeling Manual” (1991); EU Cosmetic Directive 76/768/EEC.
Deciphering the fine print of labeling regulations can be a challenge for any beauty brand. The authors of CPC Packaging’s new Fine Print column are here to help.
Holly C. Young Holly C. Young is president of Hirschhorn + Young Graphics, an award-winning design firm that provides production art and packaging design services for the beauty industry. The firm places an emphasis on U.S., international, and over-the-counter (OTC) graphic regulatory compliance.
Young is the coauthor of Simplified FDA/OTC Label Requirements Guidelines. She is a favorite speaker at many trade association events such as HBA and Cosmoprof North America.
Marcus Tirado Marcus Tirado, regulatory specialist, gained vast knowledge of global regulations, package design, and prepress production working in the dietary supplement and OTC industries. His experience with labeling regulations ensures that packages meet FDA and FTC graphic regulations.