152 3268

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman

Maureen K. Ohlhausen

Terrell McSweeny

________________________________________________

In the Matter of

THE ERICKSON MARKETING GROUP INC., 

a corporation, d/b/a ROCKY MOUNTAIN

SUNSCREEN. DOCKET NO.

________________________________________________

COMPLAINT

The Federal Trade Commission, having reason to believe that The Erickson Marketing 

Group Inc., a corporation, has violated the provisions of the Federal Trade Commission Act, and 

it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent The Erickson Marketing Group Inc., also doing business as Rocky Mountain 

Sunscreen, is a Colorado corporation with its principal office or place of business at 14700 

W.66th Place, Suite 2, Arvada, Colorado 80004.

2. Respondent has advertised, labeled, offered for sale, sold, and distributed products to 

consumers, including Face Stick SPF 60 All Natural Sunscreen and Face Stick SPF 60 Kids All 

Natural Sunscreen. These sunscreen products are “drugs” within the meaning of Sections 12 and 

15 of the Federal Trade Commission Act.

3. The acts and practices of Respondent alleged in this complaint have been in or affecting 

commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act.

4. Respondent advertises Face Stick SPF 60 All Natural Sunscreen and Face Stick SPF 60 

Kids All Natural Sunscreen on the Internet. These products retail for $7.99.

5. Respondent has disseminated or has caused to be disseminated advertisements for Face 

Stick SPF 60 All Natural Sunscreen and Face Stick SPF 60 Kids All Natural Sunscreen, 

including but not necessarily limited to the attached Exhibit A. These materials contain the 

following statements:
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Natural Face Stick

A. True to form, Rocky Mountain Sunscreen offers superior protection in an all natural 

formula with their Natural Face Stick --- available for both kids and adults. This 

natural sunscreen option helps get protection in the areas more difficult to apply 

liquid sunscreen, like on the nose and ears.

B. This all natural sunscreen Face Stick provides SPF 60 protection and its ingredients 

include zinc oxide and titanium dioxide, two of the most effective blockers of harmful 

UVA rays. This product is extraordinarily effective and is ideal for those with 

sensitive skin. The Face Stick for kids is a must have for child care centers, day 

camps, and even moms on the go, as its easy, smooth application ensures that little 

faces are protected and there’s no tears from sunscreen in the eyes or hair.

C. This all natural sunscreen Face Stick is very effective, yet safe for everyday use. It is 

non-irritating, non-greasy, and non-comedogenic. It is also free of fragrances, nut 

oils, and Vitamin A (retinyl palmitate). And, just like all the sunscreen options from 

Rocky Mountain Sunscreen, it can stand up to the elements, such as sweat, chlorine, 

and more. SPF 60 All Natural Kids Face Stick Sunscreen is also ideal for active 

youngsters for any type of summertime activity they may enjoy.

(Exhibit A, Internet webpage www.rmsunscreen.com (May 2015) (emphasis in 

original)).

Count I

False Claim

6. In connection with the advertising, labeling, promotion, offering for sale, or sale of Face 

Stick SPF 60 All Natural Sunscreen and Face Stick SPF 60 Kids All Natural Sunscreen, 

Respondent has represented, directly or indirectly, expressly or by implication, including through 

the name of the product, that Face Stick SPF 60 All Natural Sunscreen and Face Stick SPF 60 

Kids All Natural Sunscreen are “all natural.”

7. In fact, Face Stick SPF 60 All Natural Sunscreen and Face Stick SPF 60 Kids All Natural 

Sunscreen are not “all natural” because they contain the synthetic ingredients Dimethicone,

Polyethylene, Butyloctyl Salicylate, and Neopentyl Glycol Diethylhexanoate. Therefore, the “all 

natural” representation set forth in Paragraph 6 is false or misleading.

Violations of Sections 5 and 12

8. The acts and practices of Respondent as alleged in this complaint constitute unfair or 

deceptive acts or practices, and the making of false advertisements, in or affecting commerce in 

violation of Sections 5(a) and 12 of the Federal Trade Commission Act.
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THEREFORE, the Federal Trade Commission this _______ day of _______, 2016 has 

issued this Complaint against Respondent.

By the Commission.

Donald S. Clark

Secretary

SEAL: