A COMPLAINT against a line of cosmetic products ordered withdrawn from the market last month by the Food and Drugs Administration (FDA) but again given approval for sale this month by the agency was lodged by a consumer who claimed to see products being sold in retail and online stores during the height of its investigation.
The complainant, claims to have bought products last September 24 from a specific retail store. During this time the complainant was unaware that the products bought was under investigation by FDA. Accoring to the complainant, “If these all have pending advisories from FDA, why was I able to still purchase the products?”
According to the complaint dated October 5, 2020, the buyer purchased the products ‘Sunglow By Fresh Sun Mist SPF50;’ and, ‘Fresh 98% Jeju Aloe Ice UV Sunblock SPF 50’
Among the items being investigated for mislabeling of Sun Protection Factor (SPF) under FDA advisory 2020-1626 and 2020-1757 are Fresh Skinlab Tomato Face and Body Mist SPF50; ’Sunglow Fresh Sun Mist SPF50;’ ‘Fresh Skinlab Collagen Glow and Tone Face and Body Mist SPF50’, ‘Fresh Skinlab Aloe Vera Hydrate and Restore Face and Body Mist SPF50,’ ‘Fresh Skinlab 98% Tomato Glass Skin Sungel with SPF50’; Fresh Skinlab 98% Tomato Glass Skin Water Drop Cream With SPF30; and ‘Sunglow By Fresh Tinted Lipscreen With SPF 50’.
The complainant said that after the purchase and while browsing the Internet, he stumbled on news reports that the products he purchased were earlier ordered removed from the market by the FDA for making “unsubstantiated claim” and containing “misinformation of the products”
“Obviously, the manufacturer and or distributor of the above-mentioned products are committing illegal acts as they are misrepresenting to the public that their products are equipped with sufficient SPF 50 as they claimed based on (their) label and branding,” the complaint added.
Based on the FDA’s records, the products are being distributed by Health Innovation Distribution, a company based in Santolan, Pasig City.
The company became the subject of FDA investigation last August after laboratory tests confirmed its products have no “SPF” (sun protection factor) as claimed in their product labels.
Subsequently, FDA Advisory 2020-1738 dated September 22, 2020, listed a total of 50 product lines of Healthy Innovation that should be removed from the market, based on the investigation of its Center for Cosmetic Registration and Research (CCRC).
The FDA said it issued the “public health warning” against the products after they were “verified” to be “non-compliant” during its conduct of “post marketing surveillance” on the company.