Class Action Claims Valitic Dark Spot Remover Soap Cannot Treat Skin Conditions as Advertised

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A proposed class action lawsuit claims that Valitic Kojic Acid Dark Spot Remover Soap is “scientifically incapable” of providing the advertised dark spot-removing benefits, and that the product’s marketing violates Food and Drug Administration regulations for over-the-counter medications.

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The 25-page lawsuit claims that not only does the Valitic Kojic Acid Dark Spot Remover Soap lack the required FDA approval to be lawfully marketed as a treatment for various skin conditions (including dark spots, scarring, acne, sun damage and wrinkles), but that the product simply cannot provide any kind of treatment for those conditions, and may even harm a user’s skin.

Per the complaint, any item “intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease” is classified as a drug under the Federal Food, Drug and Cosmetic Act (FDCA). As such, the filing argues, Valitic’s claims that its soap can treat conditions like hyperpigmentation, acne, wrinkles, sun damage and scars means the product is classified as a drug requiring FDA approval to be sold.

Despite this, Valitic has neither applied for nor received FDA approval, the lawsuit claims, alleging the company’s Kojic Acid Dark Spot Remover Soap is therefore on the market illegally as a misbranded and unapproved new drug, per FDCA definitions.

The complaint also notes that skin-bleaching drugs, such as those claiming to treat hyperpigmentation, dark spots and other similar blemishes, are not permitted by the FDA to be sold over the counter.

Furthermore, the lawsuit continues, all the statements made by Valitic about its Kojic Acid Dark Spot Remover Soap are not accompanied by a legally mandated disclaimer that explains, “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.”

Finally, the complaint alleges that the Valitic Kojic Acid Dark Spot Remover Soap is scientifically incapable of providing the advertised results due to insufficient time spent in contact with the user’s skin as a result of its nature as a rinse-off soap, and that the soap may, in fact, damage the skin due to its destructively alkaline pH level.

The Valitic class action lawsuit seeks to represent anyone in the United States who bought the Valitic Kojic Acid Dark Spot Remover Soap for personal, family or household use and not for resale within the applicable statute of limitations period.

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