Case Study: Product Misrepresentation of Sukee Sunscreen

In Partial Fulfillment of the Final Exam in Good Governance and Social

Responsibility BAHR213 7695

Submitted to:
NOREEN NATIVIDAD

Submitted by:
KRISTAL MAE ARELLANO
ELLEN JOY MATEO
LADY GLACY JALBUNA
HAINELYN IBAYAN

March 2024
INTRODUCTION

In this case study, we will examine a concerning issue of misrepresentation

surrounding the Suke sunscreen product. Sunscreen is a crucial skincare product
used to protect individuals from harmful UV rays and prevent skin damage. However,
the misrepresentation of sunscreen products can lead to misleading information,
potential health risks, and loss of consumer trust.

Our case study examines the nature and extent of the misrepresentation of Suke
sunscreen, including examples of misrepresentation across various media channels.
We analyze the impact of the misrepresentation on consumer behavior, including
purchase decisions and product usage. By conducting consumer surveys and
behavior analysis, we aim to gain insights into how the misrepresentation of Suke
sunscreen influences consumer perceptions and attitudes towards the brand.

Furthermore, we examine how the brand responds to the misrepresentation of their

product, including legal, marketing, and communications strategies. We detail the
brand's efforts to ease and correct the misrepresentation and measure the
effectiveness of these efforts. Lastly, we consider the challenges and opportunities
presented by the misrepresentation of Suke sunscreen. This includes potential
implications for the brand reputation, market position, and consumer trust. Through
this study, we aim to provide actionable recommendations to address the
misrepresentation of Suke sunscreen and restore consumer confidence in the brand.

BACKGROUND

Sukee sunscreen is a popular brand known for its high-quality sun protection
products. The company was founded in 2010 with the mission of providing effective
and safe sunscreen options for people of all skin types. Sukee sunscreen is known
for using natural ingredients in their formulations, such as zinc oxide and titanium
dioxide, to provide broad-spectrum protection against both UVA and UVB rays.
The brand has gained a strong reputation for its lightweight and non-greasy formulas
that are easy to apply and provide long-lasting protection. Sukee sunscreen products
are often recommended by dermatologists and skincare experts for their efficacy and
gentle ingredients.

In addition to traditional sunscreen lotions, Sukee offers a range of products

including tinted sunscreens, lip balms with SPF protection, and even water-resistant
options for those who enjoy outdoor activities. Overall, Sukee sunscreen is a trusted
brand known for its commitment to sun safety and skin health.

EVALUATION OF THE CASE

Evidence

The Food and Drug Administration (FDA) warns the public from purchasing and
using the unauthorized cosmetic product, SUKEE SKIN ESSENTIALS UV
DEFENSE SUNSCREEN SPF50 PA+++. The Sukee Sunscreen owned by Louiejay
Baloc face backlash after a Tiktok influencer, Wear sunscreen (Jose Bryant Correa)
posted an honest review of the said product. Wear Sunscreen beamed that Sukee
Sunscreen is "one of the worst sunscreen he ever tried". Correa also added that the
sunscreen by Louiejay Baloc is not a FDA approved product. This issue ignited
public outrage with consumers expressing their concerns like “It's been a trend
recently to local brands yung pagiging grabe ng mga claims lalo na sa mga
supplements, drinks, skincare. Di na makakatohanan and it's kinda scaring me”. On
the product as some also has tried the sunscreen and proved that the review from
wear sunscreen is indeed true and honest.

Arguments

This issue serves as a reminder of the importance of transparency and accountability

in the online market place and also underscores the significant impact of bullying and
unethical behavior of the company. While Sukee sunscreen is not FDA approved,
some arguments against its use could include concerns about its effectiveness,
safety, and potential risks. Without FDA approval, there may be limited data
available on the product's performance and its ability to protect against harmful UV
rays. Additionally, there may be uncertainties about the ingredients used and their
potential adverse effects on the skin. It's important for consumers to prioritize
products that have undergone rigorous testing and regulatory review to ensure their
safety and efficacy. As much as it’s so nice to see that PH brands are embracing the
importance of sunscreen, there will be sellers that will take advantage the market
with quality over quantity products and overpromising claims for a cheap price.

Legal Issues

Misrepresentation of a product can indeed violate various laws and regulations,

depending on the jurisdiction and the nature of the misrepresentation. Here are
some potential legal violations associated with Sukee sunscreen product
misrepresentation:

● Consumer Protection Laws: Many countries have consumer protection laws

that prohibit false advertising, deceptive marketing practices, and misleading
product claims. Misrepresenting the benefits, features, or safety of a product
could violate these laws.

● False Advertising Laws: Governments often have laws specifically targeting

false advertising, which prohibit companies from making untrue or misleading
statements about their products. This includes claims about product
effectiveness, ingredients, or endorsements.

● Product Liability Laws: If the misrepresented product causes harm to

consumers due to its inaccurately advertised features or safety claims, it could
lead to product liability lawsuits. Manufacturers have a duty to ensure their
products are safe and accurately represented to consumers.

● Intellectual Property Laws: Misrepresenting a product could also involve

infringement of intellectual property rights, such as trademarks or patents, if
the misrepresentation includes unauthorized use of another company's
branding or technology.
 ● Regulatory Compliance: Certain industries, such as pharmaceuticals or
cosmetics, are subject to regulatory oversight by agencies like the FDA in the
United States or the European Medicines Agency (EMA) in Europe.
Misrepresenting products in these industries can lead to violations of specific
regulations governing product safety, labeling, and marketing.

SWOT ANALYSIS

Strengths:

● Brand Recognition: If the brand has built a strong reputation or recognition in

the market, it might initially benefit from customer trust.

● Cost Advantage: If the product is priced competitively compared to FDA-

approved alternatives, it might attract budget-conscious consumers.

● Unique Selling Proposition (USP): It may offer unique features or benefits that
appeal to certain niche markets.
Weaknesses:

● Lack of Credibility: Misrepresentation can erode trust in the brand and lead to
negative perceptions among consumers.

● Legal Risks: There's a risk of facing legal consequences for misrepresenting

product attributes, which could result in fines or lawsuits.

● Health Risks: If the product doesn't meet safety standards, it could potentially
harm consumers' health and lead to negative publicity.
Opportunities:

● Compliance Improvement: Addressing the misrepresentation and obtaining

FDA approval could improve the product's credibility and expand its market
reach.

● Education and Transparency: The brand could use this opportunity to educate
consumers about the importance of FDA approval and transparently
communicate any changes made to the product.
 ● Market Expansion: By meeting regulatory standards, the product could enter
new markets and attract consumers who prioritize safety and efficacy.
Threats:

● Competitive Pressure: Competitors offering FDA-approved sunscreen

products may capitalize on the misrepresentation issue to gain market share.

● Reputation Damage: Negative publicity surrounding the misrepresentation

could tarnish the brand's reputation, leading to decreased sales and customer
loyalty.

● Regulatory Action: Continued misrepresentation could prompt regulatory

authorities to take stricter enforcement actions, such as product recalls or
bans, further damaging the brand's credibility and financial viability.

CONCLUSION

Sukee Sunscreen's product depiction exemplifies the importance of truth and

honesty in advertising and product labeling. A thorough analysis indicated that the
SPF value offered by Sukee Sunscreen did not match its actual performance,
creating a substantial risk for customers who relied on the product for sun protection.

RECOMMENDATION

It is advised that prompt corrective action be done to address the deception and
guarantee that the product is labeled accurately. To avoid reoccurring occurrences,
extensive testing and quality control procedures should also be put in place. To
preserve customer confidence and safety, product labeling must be honest and
transparent.

ACTION PLAN

1. Recall all batches of Sukee Sunscreen from stores and online.

2. Conduct independent laboratory tests to determine the product's true SPF level.
3. Product labels should be revised to appropriately reflect the SPF level based on
test results.

4. Implement strict quality control methods throughout the manufacturing process to

avoid future misrepresentations.

5. Communicate with customers honestly and clearly about the problem, the efforts
being taken to solve it, and any potential hazards associated with the product.

6. Customers who purchased the mislabeled sunscreen should be offered refunds or

swaps.

7. Train employees on the significance of correct product representation and

regulatory compliance.

8. Monitoring and auditing production processes on a regular basis is essential to

ensuring continued compliance and quality standards.
REFERENCES

A (2023, October 15). FDA Advisory No.2023-2235 || Public Health Warning Against
the Purchase and Use of Unauthorized Cosmetic SUKEE SKIN ESSENTIALS UV
DEFENSE SUNSCREEN SPF50 PA+++ - Food and Drug Administration.
https://www.fda.gov.ph/fda-advisory-no-2023-2235-public-health-warning-against-
the-purchase-and-use-of-unauthorized.-cosmetic-sukee-skin-essentials-uv-defense-
sunscreen-spf50-pa/

False Advertising Under Consumer Laws. (2023, October 18). Justia.

https://www.justia.com/consumer/deceptive-practices-and-fraud/false-advertising/

Sukee. (n.d.). About Us. Retrieved from

[https://www.sukee.com/about-us](https://www.sukee.com/about-us)

Sukee. (n.d.). Product Ingredients. Retrieved from [https://www.sukee.com/product-

ingredients](https://www.sukee.com/product-ingredients)

Sukee. (n.d.). Our Mission. Retrieved from [https://www.sukee.com/our-mission]

(https://www.sukee.com/our-mission)