In re Pfizer, Inc.

Pfizer, Inc. (Pfizer) advertised its sunburn product Un-Burn as eliminating sunburn pain. The FTC alleged the ads were unfair and deceptive under § 5 of the FTC Act because Pfizer lacked a scientific basis for the claims and misleadingly implied the claims rested on prior testing. Pfizer countered that its marketing team had consulted medical analysts about how topical anesthetics like Un-Burn work, reviewed available medical literature on the active ingredients, and compared its claims against competitors' advertising of similar products. Pfizer discontinued the ads before the case was resolved, and after the FTC entered an order against it, Pfizer sought review before the full Commission.