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  • 7 weeks ago
The manufacturer of the base formula used by 20 sunscreens pulled from sale for failing to meet their 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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00:01This is really a dramatic escalation in this ongoing SPF 50 sunscreen scandal that we've
00:08been covering for the past year, where a number of brands had to pull their product from the
00:13shelves when it was revealed that the SPF rating was far below what was advertised on
00:19the bottle.
00:20Now, one of the most high profile brands is one called Ultraviolet, and they're suing
00:26the maker of the base formula for these sunscreens, a company called Wildchild Laboratories, for
00:34misleading intercepted conduct, for misrepresenting the effectiveness of that base formula that
00:41was shared across these brands that have now been pulled from the shelves.
00:44Now the complicating factor here is that Wildchild Laboratories, while initially defending this
00:49claim, has gone into voluntary liquidation about last month.
00:54And so it's really going to complicate things as this court case and another court case
00:59like it start to begin proceedings in the federal court.
01:02Now, Wildchild, when it went into liquidation, a month before it went into liquidation, another
01:08company set up by a director and the CEO, as well as some investors in the original Wildchild
01:13company, set up a new company called Heliora Laboratories, which is now operating out of
01:20the same factory as Wildchild. It's taken on the employees of Wildchild, some of its customers
01:27and some of its agreed liabilities. Now, Ultraviolet has said to us that they understand the liquidator
01:33is looking at this transaction as part of its investigation into this liquidation. But Heliora's
01:40management who have come over from Wildchild, they say they reject any suggestion that this
01:46new company was set up to avoid any liability of Wildchild Laboratories. Before it did go
01:52into liquidation, it filed a defence in the federal court to this misleading and deceptive
01:58claim. They say that the brands themselves, including Ultraviolet, were responsible for
02:04the effectiveness of their products. But now that the company is in liquidation, it's going
02:09to be interesting to see exactly how these court cases play out.

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