Since 1978, when the first warnings emerged from medical research about using “sun tan lotion,” ads for the products have created some confusion. There were “sunblocks,” “sunscreens,” and just plain “sun tan lotion.” The descriptive terms were “waterproof,” “water resistant,” and “sweatproof.” The lotions also blocked UVB rays, but some blocked only UVA rays. The sun protection factors ranged from SPF 15 factor to SPF 60, and some consumers misunderstood what level was needed.

Consumers were experiencing sunburns despite their use of sunscreens and sun tan lotion. The Federal Trade Commission stepped in during 2012 with disclosure rules to clarify what was a material representation and what constituted puffery. Based on your knowledge of the standards for materiality in misrepresentation cases, develop a list of what the FTC rules required the manufacturers to disclose and what terms they could use.