Naming, and the claims that come with it

In skincare the name is not only a branding decision. A product name can itself make a claim, and a claim can change which law the product sits under.

Two naming problems

The brand, which is a trademark question about whether somebody got there first. And the product name, which is a regulatory question about what you are saying the product does.

The second is the one people underestimate.

What the name itself can claim

"Acne Treatment Serum" states a therapeutic purpose in its name and is a drug claim. "Blemish Balm" is softer and still directional. "Clarifying Serum" describes an appearance rather than a condition.

The same applies to anything implying repair of a medical condition, prevention of disease, or an SPF value. An SPF number anywhere makes the product a drug regardless of everything else.

So the product name is the first place a regulatory review should look, and it is the hardest thing to change later because it is on every label, listing and link you own.

Trademark, briefly

Descriptive names are weak and hard to protect. Ingredient names and common cosmetic terms are not yours. Search the federal register, the state register, and plainly on the web and the platforms you will sell on, because an unregistered prior user can still cause you trouble.

Check the domain and handles at the same time, and do it before ordering labels.

Auditing the whole surface

Claims attach to the product wherever they are made: the label, the carton, your website, your social posts, an email, a reposted customer testimonial, and what a stockist writes about you.

A common way a small brand drifts into drug territory is by resharing a customer saying the product cleared their condition. That sentence is now yours.

Write down what you will and will not say, and give it to anybody who writes for you.

References