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Product labels, website and social media pages reportedly make drug claims.
August 15, 2025
By: TOM BRANNA
Chief Content Officer
The US Food & Drug Administration issued a Warning Letter to Vacation, Inc. FDA reviewed its sunscreen labels and website. It concluded “Classic Whip Sunscreens” are “drugs” as defined by section 201(g)(1)(B) of the FD&C Act, 21 U.S.C. 321(g)(1)(B). FDA noted they are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, and/or under section 201(g)(1)(C) of the FD&C Act, 21 U.S.C. 321(g)(1)(C), because they are intended to affect the structure or any function of the body.
Just last week FDA issued a Warning Letter to Supergoop! regarding its sunscreen claims.
According to FDA, examples from the “Classic Whip Sunscreens” labels, website and social media page, provide evidence of the intended uses (as defined in 21 CFR 201.128) of the products as drugs.
Copy claims in violation includes:
• “Vacation Classic WHIP BROAD SPECTRUM SPF 30 SUNSCREEN MOUSSE” and “Vacation Classic WHIP GLOW BROAD SPECTRUM SPF 30 SHIMMER SUNSCREEN MOUSSE”
• “Uses ∙ Helps prevent sunburn ∙ If used as directed with other sun protection measures (see Directions), decreases the risk of skin cancer and early skin aging caused by the sun.” [from product labels]
• “BROAD SPECTRUM SPF 30 SUNSCREEN MOUSSE” [from product labels]
• “Vacation Classic WHIP BROAD SPECTRUM SPF 30 SUNSCREEN MOUSSE”
• “Classic Whip SPF 30 ‘Dessert For Your Skin’ SPF 30 Sunscreen Mousse…What it is ‘lighter-than-air’ sunscreen featuring an authentic ‘tilt valve’ actuator that produces perfect, star-shaped mountains of foam, inspired by everyone’s favorite after dinner indulgence.” [from product website]
• “…a decadent dessert for the skin that we like to call Vacation Classic Whip. A Broad-Spectrum SPF 30 Sunscreen Mousse…But don’t be fooled by its appearance, because just like the rest of the Vacation Brand Family of Products, this SPF gives your skin everything it needs to stay protected during long days by the pool…” [from Instagram social media page]
“Vacation Classic WHIP GLOW BROAD SPECTRUM SPF 30 SHIMMER SUNSCREEN MOUSSE”
“Classic Whip Glow SPF 30 ‘Classic Whip, Now With Shimmer’ SPF 30 Shimmer Sunscreen Mousse…What it is lightweight, ‘dessert-inspired’ sunscreen you know and love…” [from product website]
“…With the new Vacation Brand Classic Whip Glow, treat your skin to fluffy, glistening dollops of sunscreen mousse all at the gentle press of its authentic ‘tilt valve’…” [from Instagram social media page]
Based on the above labeling, FDA ruled “Classic Whip Sunscreens” are intended for use as over-the-counter (OTC) sunscreen drug products.
T
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