NAD Finds McNabb Can Support Modified Claims for ‘Natural’ Sunscreen

New York, NY – Sept. 27, 2012 – The National Advertising Division has determined that McNabb Nutraceuticals, LLC, can support, with appropriate disclosures, claims that its Sunology Sunblock  is a natural or chemical-free sunscreen. NAD recommended, however, that the company discontinue  claims that the product moisturizes, as well.

NAD is an investigative unit of the advertising industry’s system of self-regulation and administered by the Council of Better Business Bureaus.

NAD, as part of its routine monitoring program, requested substantiation for express and implied claims made by McNabb Nutraceuticals for Sunology.

Claims at issue included:

• “Most sunblocks use man-made chemicals and preservatives; That’s why I use Sunology.”
• “Sunology is different.  It uses only natural ingredients to block the sun’s harmful UV rays.”
• “Sunology is safe for me too.  It contains a moisturizer that helps prevent wrinkles and keeps my skin soft.”
• “Sunblock for skin that prefers no chemicals.  Sunology.  Naturally.”

NAD considered also whether the advertising at issue implied that Sunology performs as well as sunblocks containing chemicals and blocks the entire spectrum of harmful UV rays.

McNabb said that its product was formulated with a Ferulic Acid Soy Bean Oil complex developed by Dr. Joseph A. Lazlo in conjunction with the United States Department of Agriculture (USDA).  The advertiser explained that the company worked with Dr. Victor Palinczar, a sunscreen products expert, to incorporate the complex into a sunscreen product.

As an initial matter, NAD noted that during the course of the NAD proceeding, the  advertiser voluntarily discontinued and modified claims, discontinuing the claims “most sunscreens make use of man-made chemicals and preservatives; that’s why I use Sunology” and “Sunology is different.  It uses only natural ingredients to block the sun’s UV rays,” action NAD deemed necessary and proper.

The modified claims state “sunscreen for skin that prefers no chemicals,” followed by “active ingredients derived from nature.” “active ingredients derived from nature,” and all product ingredients are clearly disclosed on the product and its packaging.

Following its review of the evidence in the record, NAD determined that the express and implied claims that Sunology is a natural or chemical-free sunscreen – coupled with the clear disclaimer – were supported.

NAD recommended, however,  that Sunology discontinue its moisturizing claims, as the support provided was not sufficient to substantiate product or ingredient claims for a moisturizing benefit.

Finally, NAD determined that it lacked jurisdiction to consider Sunology’s express and implied efficacy claims, given the evidence in the record demonstrating that the advertised product satisfies FDA criteria for broad spectrum labeling.

McNabb, in its advertiser’s statement, said the company “does not dispute the NAD’s decision and agrees to discontinue is current moisturizing claims as per NAD recommendation.”

 

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