Solar D Sunscreen Claims Leave NAD With A Burn
Executive Summary
The CBBB’s National Advertising Division refers to FTC its review of claims Solar D Skincare made on its website, in social media and in a press campaign after the firm declined to submit substantiating information from studies.
An Australian sunscreen firm brushed aside the US Council of Better Business Bureaus’ industry self-regulation arm’s questions about claims of blocking harmful rays while allowing others to permeate skin and spur vitamin D production, saying the product was not available in the US.
The CBBB’s National Advertising Division on Oct. 12 said it referred its review of claims Sydney, Australia-based Solar D Skincare LLC made on its website, in social media and in a press campaign for Solar D Sunscreen to the Federal Trade Commission after the firm declined to submit substantiating information from studies.
The product become available in the US during their review, NAD attorneys said.
However, Solar D Skincare “noted that at the time of the inquiry, it had not launched its product or paid for advertising in the United States. It denied having engaged in false advertising,” the attorneys said.
Under procedures for NAD and other units of CBBB’s Advertising Self-Regulating Council, NAD can advise FTC when a firm declines to participate in a review or refuses to accept the watchdog group's recommendations on changing or discontinuing ads.
The Solar D sunscreen brand includes Active and Kids SPF 50 and Daily Face & Body SPF 30.
FTC says it prioritizes NAD's referrals, but also expects that firms making the challenged claims will reconsider and opt for resolving disputes through industry self-regulation rather than incurring higher costs for defending charges brought by the agency.
NAD attorneys said the challenged claims, reviewed in NAD’s ongoing monitoring of consumer product advertising, are for “innovative new aspects” of Solar D, “the ability to block out harmful UVA and UVB rays while permitting some rays to get through—spurring the production of vitamin D and helping provide health benefits related to vitamin D.”
They acknowledged Solar D’s SPF claims “must comply with rigorous regulations,” but they wanted to determine whether the firm’s claims overstated the potential vitamin D benefits of using its product.
Additionally, although Solar-D was not available in the US when NAD began its inquiry, a publicity campaign in anticipation of the product’s US launch had occurred and the product had been promoted on a website and in social media, according to NAD’s report.
“Given the promotional nature of this introductory advertising designed to encourage consumers to purchase the product once it became available in the U.S. market, NAD clearly had jurisdiction to review the claims,” NAD attorneys said.
Express, Implied Claims
NAD identified Solar D express claims including:
- “Solar D permits some of the light that our bodies use to make vitamin D . . . Solar-D helps prevent skin cancer.”
- “The hot new sunscreen that gives skin instant vitamin D.”
- “With its vitamin D promoting technology, Solar D is the healthier choice when protecting yourself from the sun’s harmful rays.”
- “'We’ve recognized that part of the sun is very good for you,' explains Solar D managing director Mathew Collett. 'We’re letting in as much [of the vitamin D activating rays] as we possibly can, but still getting an SPF of 30.'”
The firm’s implied claims include:
- Solar D prevents bone disease caused by vitamin D deficiency.
- Individuals who use traditional sunscreen put themselves at risk of bone disease related to vitamin D deficiency.
- Comments from a doctor on the efficacy of Solar D are independent from his role in developing Solar D.
Sunscreen Monograph Ingredients
According to the firm’s website, it designed Solar D “with compositions that optimize sunlight filtering for vitamin D while helping prevent sunburn.”
The brand includes Active and Kids versions with SPF 50 and Daily Face & Body with SPF 30. Each product’s label states: “Use as prevention from sun burn.”
The firm’s website states that the active ingredients, which are included in FDA’s OTC sunscreen monograph, are the same in each of the three, but in two different strengths:
- Active and Kids: avobenzone 3%, homosalate 6%, octsalate 4% and octocrylene 7%;
- Daily: avobenzone 3%, homosalate 4.5%, octsalate 3.7% and octocrylene 5%.
Labeling that indicates a sunscreen as promoting vitamin D production is not part of the approved monograph indication, according to FDA’s sunscreen ingredient rulemaking. (Also see "Industry Needs More Time To Comply With Sunscreen Testing, Labeling Rule" - Pink Sheet, 31 Aug, 2011.)
Additionally, the Skin Cancer Foundation advises that vitamin D synthesizes from the same rays that can harm the skin.
The foundation says, “the action spectrum for cutaneous vitamin D synthesis is in the UVB range, known to be carcinogenic; staying out in the sun long enough to produce sufficient vitamin D exposes you to potentially harmful amounts of the sun’s UVB as well as UVA rays.”
From the editors of the Tan Sheet