With consumer lawsuits on the rise, such as the class action filed last year against personal care brand Dr. Squatch over allegedly deceptive “natural” claims, brands in the cosmetics and personal care product industry are under increasing pressure to substantiate their marketing.
A recent survey commissioned by the National Science Foundation (NSF) has highlighted this shift: according to NSF data, 74% of respondents consider organic ingredients important in personal care products, yet only 9% said they completely trust voluntary organic labels.
Conducted by TGM Research in fall 2024 as part of the NSF’s whitepaper on “The Future of Conscious Beauty and Personal Care,” the survey gathered insights from a random sample of 1,000 US consumers (balanced for gender, age, and regional demographics) and focused on products like skin care, cosmetics, soaps, and shampoos.
In a market where loosely regulated terms like “natural” and “clean” can easily mislead, as explained in a previous Legal Lens column by CDU guest author Kelly Bonner, third-party certifications can be critical for brands seeking to build trust and differentiate their presence in a crowded market. To explore how companies can navigate these challenges and prepare for upcoming regulatory changes, such as MoCRA, we spoke with Josephine Mann, Technical Operations Manager for Food Claims at NSF.
In this CosmeticsDesign Q&A, Mann provided her insights into the survey’s key takeaways, including the data’s revelations regarding consumer trends and the impact of certification.
CDU: NSF’s research highlights that 74% of consumers consider organic ingredients important in personal care products. What key factors do you think are driving this growing consumer preference?
Josephine Mann (JM): Several factors are driving consumer preference for organic ingredients in personal care products. Consumers are becoming increasingly critical of product ingredients, viewing “clean” or “non-toxic” products as better for their personal health.
At the same time, the personal care products industry is not highly regulated, with some products falsely claiming to be “natural” or “clean.” Personal care products are often used on the skin, our body’s largest organ, and in or around sensitive areas such as the eyes, nose, mouth, and ears.
USDA Organic and NSF/ANSI 305: Personal Care Products Containing Organic Ingredients (NSF/ANSI 305) are two marks that consumers can trust. They indicate that a product and its organic ingredients have been vetted and validated by an independent third-party organization. When products contain organic ingredients, consumers can better protect themselves and their families.
CDU: The study found that only 9% of consumers completely trust voluntary organic labels. What steps can manufacturers and suppliers take to build consumer confidence in organic product claims?
JM: The most trustworthy way to build consumer confidence in product claims is through third-party certification through independent organizations such as NSF.
For example, if a personal care product has earned certification to NSF/ANSI 305, consumers know that product has met the minimum organic content of 70%, passed a rigorous ingredient review, undergone a comprehensive certification process including technical reviews and on-site inspections, engaged in transparent labeling practices, and committed to continued adherence to all of the above via ongoing compliance to the standard.
CDU: NSF/ANSI 305 is recognized as a best practice by the Organic Trade Association and major retailers. How does certification under this standard help brands differentiate themselves in a market increasingly wary of greenwashing?
JM: The Organic Trade Association is the leading voice for organic trade in the United States. The OTA’s endorsement further emphasizes that manufacturers can trust NSF to help them earn and maintain strict compliance with organic personal care standards.
Certification to NSF/ANSI 305 differentiates brands because it is a voluntary standard designed to show commitment to organic ingredients.
Organic claims made on non-food products, like personal care products, fall outside the USDA National Organic Program’s (NOP) scope of enforcement. These products can be certified to the NOP but are not legally required.
Since personal care products are regulated post-market, many claims go unchecked, leading to a proliferation of unsubstantiated claims. Additionally, non-regulated terms like “natural” or “clean” have risen as claims on personal care products, which the average consumer may misconstrue as being on par with or the same as “organic.”
Overall, a recognized mark, such as NSF/ANSI 305, instills confidence in consumers that they are purchasing a high-quality product that meets organic ingredient specifications.
CDU: With 45% of consumers willing to pay more for certified personal care products with organic ingredients, how should manufacturers balance cost, transparency, and accessibility to meet market expectations?
JM: Earning certification to NSF/ANSI 305 is an investment in transparency and demonstrates a commitment to quality. Certification can often be a cost-saving tool, saving incalculable financial and reputational costs by preventing potential recalls and sometimes lowering company insurance costs.
NSF encourages clients to be vocal about their certifications – prominently incorporating the certification mark into labels and packaging once certified, and sharing information about the certification and its importance in marketing materials such as webpages, social media and more.
Proactively sharing information about the certification can increase consumer and retailer trust. It also helps demonstrate to the industry how valuable certification can be.
CDU: With additional MoCRA requirements set to take effect in December 2025, how do you see its requirements aligning with NSF/ANSI 305, and what role will third-party certifications play in helping companies comply with the new regulations?
JM: In 2023, the Omnibus Appropriations Act announced a provision modernizing the FDA’s regulations of cosmetics and personal care products with the Modernization of Cosmetics Regulation Act or MoCRA. This marked the first regulatory update to this category of products in 80 years and empowered the FDA to better assure consumers that cosmetic and personal care products are safe by protecting them from misleading claims, lack of clarity around claims and adverse events.
The introduction of MoCRA underscored the need for more stringent regulation within the cosmetics and personal care products industry and demonstrated the power of consumer demand. Similar to other sectors, such as dietary supplements, third-party certifications will be crucial in helping manufacturers prepare for regulatory mandates such as MoCRA while responding to consumer needs.
In addition to NSF/ANSI 305, which supports quality ingredients in cosmetics and personal care, we developed NSF Guideline 527, which standardizes definitions and criteria; provides for a formula and label claims review; tests for ingredient identity, purity, contaminants, heavy metals, adulterants and allergens; requires product purity and physical characterization, and mandates Good Manufacturing Practices (GMP) certification.
CDU: NSF’s QAI certifies organic personal care products in multiple international markets. How do consumer preferences and regulatory landscapes for organic personal care products differ across regions?
JM: In many regions and markets, consumer preference towards organic personal care products is tied to health, transparency and the environment.
Regulatory requirements vary from region to region. For example, in the European Union, natural cosmetics are subject to the European Commission’s Cosmetics Regulation (EC) No 1223/2009, which sets standards for product safety, labeling and marketing claims. Some regional harmonization efforts are emerging across Latin America, with Spanish-language labeling being mandatory in all countries.
For brands operating globally or exporting products overseas, it’s essential to comply with regulatory requirements and adjust product strategy to meet consumer preferences.