What’s In A Name? Babyganics Settles False Advertising Allegations To Tune Of $2.2M
This article was originally published in The Rose Sheet
The SC Johnson brand can continue to use the name Babyganics as long as it specifies on product labeling which ingredients are organic, and which aren’t, per a pending class action settlement in New York’s Southern District. The company also has agreed to sunscreen batch testing for a three-year period to verify the authenticity of SPF claims.
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As SPF defendants’ dismissal motions continue to be shot down in federal courts, it increasingly seems that their SPF claims and the radically different test results alleged by plaintiffs will have to be subjected to rigorous analysis and expert opinion, undertakings that could shine light on inherent problems with FDA’s testing protocol rather than overt moves by companies to inflate the protective capacity of their products.
FDA’s 2016 request for contractor services to perform SPF testing on US-marketed sunscreen products has come up in litigation challenging brands’ SPF claims. The agency told Rose Sheet the issue of accurately labeled SPFs is a concern, but declined to provide further update on what it characterized as a pending matter.