The Cura Team - Ray X Gold Tinted + Foundation Sunscreen
Recommendation: Upheld | Medium: Suo Motu - NAMS (TAMS)
The ASCI had approached the advertiser for its response in addressing the objections raised in the complaint. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the claim in the advertisement, or alternately to substantiate the claim with supporting data. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that, “……. whatever claims that we are making are absolutely accepted and derived from the Material Data Safety Sheet of the ingredients”. As claim support data, the advertiser submitted a copy of product label, SunCat-MTA product data sheet, published paper on SunCat De encapsulated chemical sunscreens, and Mfg process of Ray X Gold Sunscreen Gel. The advertiser then had a telecon with the ASCI Secretariat to discuss their submissions. The Consumer Complaints Council (CCC) viewed the advertisement (https://www.instagram.com/p/C9caqIivc_M/) considered the complaint and the advertiser’s response. The CCC observed that the advertiser has provided product data sheet on SunCat MTA, and a published paper on the ingredient - SunCat De.
The CCC discussed that the advertiser is attributing the product's effectiveness in providing anti aging benefits to the presence of the ingredient – SUNCAT DE contained in the product. As a result, the advertiser has made an ingredient based claim for which they have not submitted any proof on the effectiveness of SUNCAT DE at the levels at which it is incorporated in the product to prove the product benefit claimed. The CCC further discussed that the advertiser has not provided any product efficacy data for their formulation specific to the benefits attributable to the claimed ingredients. There is no clinical study conducted on the product as a whole to prove that the product is non-greasy, free of white cast oil, and has additional anti-aging properties. Based on these observations, the CCC concluded that the claim, “It is non greasy, no white cast oil free with additional anti aging benefits”, was not substantiated with clinical evidence of product efficacy. The claim is misleading by exaggeration and is likely to lead to widespread disappointment in the minds of consumers. The source for the claim is not indicated in the advertisement. The said claim in the advertisement contravened Chapter I, Clauses 1.1, 1.2, 1.4 and 1.5 of the ASCI Code. This complaint was UPHELD.