Case Preview · Custom Portal

<div id="overviewDiv" class="divsummary"><span class="divheading">Overview</span><div class="tableddiv"><table class="tablesummary"><tr><th>Case Number</th><th>Received Date</th><th>Finalised Date</th><th>Product/s</th><th>Responsible Person</th></tr><tr><td>CC-LMN6MZII/2019*</td><td>13/02/2019</td><td>30/10/2021</td><td><ul><li>Banana Boat Simply Protect Sport Very High Protection Sunscreen Spray SPF 50+</li><li>Banana Boat Simply Protect Kids Very High Protection Sunscreen Lotion Spray SPF 50+</li><li>Banana Boat Simply Protect Kids Very High Protection Sunscreen Lotion Spray SPF 50+</li><li>Banana Boat Simply Protect Kids Very High Protection Sunscreen Lotion SPF 50+</li></ul></td><td><ul><li>Edgewell Personal Care Australia Pty Ltd</li></ul></td></tr></table></div></div><div id="summaryDiv" class="divsummary"><span class="divheading">Case Summary</span><div class="tableddiv"><span class="divheadingtwo">Alleged Breaches</span><div id="allegationAdvertisingTherapeutic Goods Act 1989" class="divadvertisingcode"><span class="allegationtype"><a href="https://www.legislation.gov.au/Series/C2004A03952" target="_blank">Therapeutic Goods Act 1989</a></span><ul><li>s42DM(1) - advertises or causes the advertising, by any means, of therapeutic goods where the advertisement does not comply with the Therapeutic Goods Advertising Code and; where the use of the goods in reliance on the advertisement, or if they were so used, has resulted in, will result in, or is </li><li>s42DMA - Advertises or  causes the advertising, by any means, of therapeutic goods and the advertisement does not comply with the Therapeutic Goods Advertising Code.</li></ul></div><div id="allegationAdvertisingTherapeutic Goods Advertising Code (No.2) 2018" class="divadvertisingcode"><span class="allegationtype"><a href="https://www.legislation.gov.au/Series/F2018L01524" target="_blank">Therapeutic Goods Advertising Code (No.2) 2018</a></span><ul><li>s9(b) - Advertising for therapeutic goods must be truthful, balanced and not misleading or likely to mislead, including in its claims, presentations, representations or comparisons</li><li>s9(c ) - Any comparisons made in the advertising between therapeutic goods or classes of therapeutic goods must not directly or indirectly claim that the goods or class of goods being used as the comparator are harmful or ineffectual</li></ul></div><span class="divheadingtwo">Summary</span><div class="breachDiv"><div data-wrapper="true" style="font-family:'Segoe UI','Helvetica Neue',sans-serif; font-size:9pt">
<div>The TGA assessed the material provided by the reporter and the advertiser. The advertising contained representations in relation to the therapeutic goods that the goods were "made without oxybenzone". The necessary implication of such a statement is that other sunscreen products that are made with oxybenzone are harmful or ineffectual. The advertising further described that oxybenzone should be avoided. The TGA does not hold evidence that the ingredient is harmful. The use of such a statement was considered misleading as it suggests that this element is unsafe or should be avoided. No evidence to support this was provided. It was also considered to be used as a comparator between this and other products where other products may be harmful or ineffectual. The TGA therefore considered that the advertising was in contravention of sections 9(b) and 9(c) of the Therapeutic Goods Advertising Code (No.2) 2018 (the Code). A contravention of sections 42DM(1) and 42DMA of the Act are considered to have occurred where an advertisement is not compliant with the Code.</div>
</div></div></div></div><div id="actionsDiv" class="divsummary"><span class="divheading">Actions</span><div class="tableddiv"><table class="tablesummary"><tr><th>Date</th><th>Action</th><th> </th></tr><tr><td>20/03/2019</td><td>Warning Letter requiring action sent to advertiser</td><td>The TGA notified the advertiser of the complaint, required that the advertiser remove the non-complaint material from their advertising, and advised them of the sanctions and penalties which may apply.</td></tr></table></div></div><div id="outcomeDiv" class="divsummary"><span class="divheading">Case Outcome</span><div class="tableddiv"><table class="tablesummary"><tr><th>Date</th><th>Case Outcome</th><th> </th></tr><tr><td>15/01/2021</td><td>Case resolved</td><td>The non-compliant advertising was removed following contact by the TGA.</td></tr></table></div></div><div id="previewDiv"></div>
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