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  • 7 weeks ago
The manufacturer of the base formula used by 20 sunscreens pulled from sale for failing to meet SPF claims is being sued for alleged misleading and deceptive conduct, but the status of the litigation is uncertain after the company went into voluntary liquidation last month.

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00:02Well, this is a big development in this ongoing saga around this SPF sunscreen claim scandal
00:10really that we've been covering over the past year.
00:13Now in this case, Ultraviolet, one of the manufacturers of one of the sunscreens that
00:19was recalled for having an SPF rating far below what was being advertised is suing the
00:25company that makes the base formula for their sunscreen.
00:27This particular sunscreen and others that were recalled accusing it basically of misleading
00:34and deceptive conduct in its claims around the effectiveness of that base formula.
00:39It's claiming millions of dollars in losses and there's another manufacturer or another
00:45brand that's also suing this manufacturer, Wild Child Laboratories.
00:50Now the complicating factor here is that Wild Child Laboratories in the midst of this legal
00:54action has gone into voluntary liquidation.
00:58And it's got debts claimed against it of about $20 million.
01:03So it's really going to put things in the air and really complicate what looks to be a quite
01:09drawn out legal process now.
01:11Ultraviolet has said to us that they will have to seek leave from the court to continue to
01:16take legal action against a company in liquidation.
01:20We understand that there's insurance, business insurance involved, so there may be a claim against that.
01:25Now the fascinating part of this story is that Wild Child has essentially been reborn through an asset sale to
01:35a new company called Heliora that was set up in the month before Wild Child went into liquidation.
01:41That company bought the assets of Wild Child, it's taken on all the staff and it's agreed liabilities and it's
01:49moving on continuing to manufacture out of the same manufacturing plant.
01:54Now, Ultraviolet says that they understand the liquidator is looking at this transaction, but Wild Child's executives that have now
02:04moved on to Heliora, they say they reject any suggestion that this new company was created to avoid the liability.
02:13So just before they went into liquidation, they indicated that they would defend this claim, they rejected that it was
02:21their responsibility to ensure the effectiveness of this formula, that that was the responsibility of the brands, but really the
02:30way things are set up now, it looks to be a drawn out legal battle.

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