The U.S. Food and Drug Administration has issued warning letters to five sunscreen manufacturers for marketing mousse-formulated products without proper regulatory approval, raising concerns about both product efficacy and consumer safety. The enforcement actions target popular brands including Supergoop! and Vacation Inc., highlighting significant gaps in regulatory compliance within the sunscreen industry.
Regulatory Framework Violations
Over-the-counter sunscreen products are regulated as drugs under the Federal Food, Drug, and Cosmetic Act because they are intended to prevent sunburn and reduce the risk of skin cancer and premature skin aging. These products must comply with requirements outlined in Section 505G of the FD&C Act, which governs the marketing of nonprescription drugs without an approved application.
Section 505G(m)(2) of the FD&C Act specifically states that sunscreen dosage forms other than oil, lotion, cream, gel, butter, paste, ointment, stick, spray, and powder may only be marketed if specifically authorized by an FDA order. As of August 2025, the agency has not issued any order permitting sunscreen in foam, mousse, or whip forms, making these products unlawful to market without an FDA-approved new drug application.
Supergoop! Enforcement Action
On May 2, 2025, the FDA reviewed product labeling and issued a warning letter to Supergoop concerning its "PLAY SPF 50 Body Mousse." The product was marketed as a "lightweight, whipped sunscreen mousse" that is water- and sweat-resistant, antioxidant-rich, and designed for family use.
The FDA determined that the mousse dosage form is not an approved sunscreen format under the OTC monograph system and that no final order authorizing such a format exists. Consequently, the product was deemed misbranded under Section 502(ee) of the FD&C Act.
Supergoop! responded to CBS MoneyWatch stating it is committed to maintaining "the highest standards of product efficacy and safety" and is working to resolve what it called a "product labeling" matter with the FDA.
Vacation Inc. Violations and Safety Concerns
The FDA issued a warning letter to Vacation Inc. on March 5, 2025, regarding its "Classic Whip Broad Spectrum SPF 30 Sunscreen Mousse" and "Classic Whip Glow Broad Spectrum SPF 30 Shimmer Sunscreen Mousse." The products were marketed with descriptors such as "dessert for your skin," "lighter-than-air," and "fluffy, glistening dollops," and sold in canisters resembling whipped cream containers.
Beyond the unapproved dosage form concern, the FDA cited an additional misbranding violation under Section 502(i)(1) of the FD&C Act, which prohibits drug packaging that is misleading in form or appearance. The agency determined that the whipped cream-style packaging could be mistaken for food products, increasing the risk of accidental ingestion, particularly among children.
"Packaging drug products in containers that resemble food containers commonly used by adults and children can mislead consumers into mistaking the products for food, which is of particular concern as this increases the risk of accidental ingestion," the FDA warning letter stated.
Additional Companies Affected
The FDA also issued warning letters to Kalani Sunwear, Botao Baby, and Tizo Skin for similar violations involving mousse sunscreen products. Kalani Sunwear responded by temporarily pulling its mousse-format sunscreen from its U.S. website "to ensure full compliance with the regulations," while stating it stands by the "safety, efficacy, and quality" of its product.
Industry Implications
These enforcement actions underscore the importance of both formulation compliance and packaging considerations in OTC drug marketing. The FDA's position reflects a broader emphasis on dosage form safety, labeling accuracy, and the prevention of unintentional misuse.
For sunscreen manufacturers, the cases illustrate that innovation in product texture, delivery, or packaging must be balanced with regulatory constraints. Novel formats may require formal FDA review and approval prior to marketing, and packaging that closely imitates food items can trigger additional regulatory scrutiny under misbranding provisions.
Compliance Requirements
Both Supergoop and Vacation Inc., along with the other companies, have been given 15 working days from receipt of their warning letters to respond with detailed corrective actions or provide evidence to support their compliance position. Failure to adequately address the violations could result in enforcement actions, including product seizure or injunction.
The FDA emphasized in its public warning that consumers should "beware of sunscreen products in mousse form because they might not be effective," highlighting potential gaps in UV protection that could leave users vulnerable to sun damage and increased skin cancer risk.
