Analysis of Proposed Consent Order to Aid Public Comment

In the Matter of The Erickson Marketing Group Inc.

d/b/a Rocky Mountain Sunscreen, Matter No. 152 3268

The Federal Trade Commission (“Commission”) has accepted, subject to final 

approval, an agreement containing a consent order as to The Erickson Marketing Group 

Inc., d/b/a Rocky Mountain Sunscreen (hereafter “respondent”). 

The proposed consent order (“order”) has been placed on the public record for 30

days for receipt of comments by interested persons. Comments received during this 

period will become part of the public record. After 30 days, the Commission will again 

review the order and the comments received, and will decide whether it should withdraw 

the order or make it final.

This matter involves the respondent’s advertising for its sunscreen products. The 

Commission’s complaint alleges that the respondent violated Sections 5(a) and 12 of the 

Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a) and 52, by falsely 

representing that its sunscreen products are “all natural.” It also alleges that the 

sunscreen products are not “all natural” because they contain the synthetic ingredients 

Dimethicone, Polyethylene, Butyloctyl Salicylate, and Neopentyl Glycol 

Diethylhexanoate.

The order includes injunctive relief that prohibits these alleged violations and 

fences in similar and related violations. It also includes provisions to assist the 

Commission in monitoring and enforcing compliance with the order.

Part I prohibits any representation regarding whether any product is all natural or 

100% natural; the extent to which such product contains any natural or synthetic 

ingredient or component; the ingredients or composition of such product; or the 

environmental or health benefits of such product, unless the representation is nonmisleading. The respondent must have competent and reliable evidence, sufficient in 

quality and quantity based on standards generally accepted in the relevant fields when 

considered in light of the entire body of relevant and reliable evidence, to substantiate 

that the representation is true. When appropriate, based on the expertise of professionals 

in the relevant area, the substantiation must be competent and reliable scientific evidence.

“Competent and reliable evidence” means tests, analyses, research, studies, or other 

evidence based on the expertise of professionals in the relevant area, that have been 

conducted and evaluated in an objective manner by qualified persons, using procedures 

generally accepted in the profession to yield accurate and reliable results. “Competent 

and reliable scientific evidence” means tests, analyses, research, or studies that have been 

conducted and evaluated in an objective manner by qualified persons, using procedures 

generally accepted in the profession to yield accurate and reliable results. 

Parts II through V require the respondent to: (1) keep records of advertisements 

and substantiation relevant to representations covered by Part I; (2) deliver a copy of the 

order to principals, officers, directors, and managers, and to employees, agents, and 
2

representatives having responsibilities with respect to the subject matter of the order; (3) 

notify the Commission of changes in corporate structure that might affect compliance 

obligations; and (4) file compliance reports with the Commission. 

Part VI provides that, with exceptions, the order will terminate in twenty years.

The purpose of this analysis is to facilitate public comment on the order, and it is 

not intended to constitute an official interpretation of the complaint or order, or to modify 

the order’s terms in any way.