Fallien Cosmeceuticals Ltd. dba Fallene Ltd.

This letter is to advise you that on May 14th, 2025 the U.S. Food and Drug Administration (FDA) reviewed your product labeling, including your website, https://tizoskin.com/, where your “TiZO® SHEERFOAM™ Non-Tinted SPF 30 MINERAL SUNSCREEN FOR BODY & FACE” (hereinafter “TiZO® SHEERFOAM™ SPF 30”) drug product is available for purchase in the United States without a prescription. We also reviewed your social media pages on Instagram at “tizoskin” and Facebook at “Tizo Skin” which directs consumers to your website to purchase your product.

Your “TiZO® SHEERFOAM™ SPF 30” is a “drug” as defined by section 201(g)(1)(B) of the FD&C Act, 21 U.S.C. 321(g)(1)(B), because it is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and/or under section 201(g)(1)(C) of the FD&C Act, 21 U.S.C. 321(g)(1)(C), because it is intended to affect the structure or any function of the body

Examples from the “TiZO® SHEERFOAM™ SPF 30” product labeling, including the most recent labeling submitted to FDA as part of drug listing pursuant to 21 CFR part 207 and your website and social media pages listed above, that provide evidence of the intended uses (as defined in 21 CFR 201.128) of the product as a drug include, but may not be limited to, the following:

“Uses Helps prevent sunburn” [from your product label]

“TIZO® SheerFoam™ is a patented, mineral sunscreen mousse. This unique formulation offers sheer, weightless protection while providing superb photo-protective performance. This light, foaming sunscreen dries virtually invisible on any complexion.” [from your product website]

“Physical broad spectrum protection…” [from your product website]

Based on the above labeling, your “TiZO® SHEERFOAM™ SPF 30” is intended for use as an over-the-counter (OTC) sunscreen drug product. No FDA-approved application pursuant to section 505 of the FD&C Act, 21 U.S.C. 355, is in effect for your drug product. Section 505G of the FD&C Act, 21 U.S.C. 355h, governs the marketing of nonprescription drugs that are marketed without an approved application under section 505 of the FD&C Act, 21 U.S.C. 355, such as your product. Under section 502(ee) of the FD&C Act, 21 U.S.C. 352(ee), a nonprescription drug is misbranded if the drug is subject to section 505G of the FD&C Act, but does not comply with the requirements for marketing under that section and is not the subject of an application approved under section 505 of the FD&C Act, 21 U.S.C. 355.

Section 505G of the FD&C Act, 21 U.S.C. 355h, provides that certain nonprescription drugs are deemed to be generally recognized as safe and effective (GRASE) and not new drugs if they, among other things, conform to the conditions in the applicable OTC monograph. In the case of OTC sunscreen drug products, the applicable OTC monograph is set forth in the final administrative order, OTC000006: Over-the-Counter Monograph M020: Sunscreen Drug Products for Over-the-Counter Human Use (hereinafter M020), which was deemed a final order by 505G(b)(8) and 505G(k)(2)(B).1 However, under section 505G(m)(2), “notwithstanding subsection [505G](a),” sunscreens in dosage forms other than oil, lotion, cream, gel, butter, paste, ointment, stick, spray, and powder may only be lawfully marketed, without an application approved under section 505 of the FD&C Act, pursuant to an order issued under section 505G of the FD&C Act.2 To date, no final order has been issued by the Secretary under 505G(b) or 505G(c) that would authorize marketing of a sunscreen in foam (aka mousse) dosage form.3 As previously stated, there is no FDA-approved application in effect for your drug product.

Thus, even if your product was in conformity with the conditions set forth in M020 and all other applicable requirements to be deemed GRASE and not a new drug under section 505G(a)(1), it does not comply with the requirements under section 505G. Accordingly, your “TiZO® SHEERFOAM™ SPF 30” is misbranded under section 502(ee) of the FD&C Act, 21 U.S.C. 352(ee).

The introduction or delivery for introduction of misbranded drugs into interstate commerce violates section 301(a) of the FD&C Act, 21 U.S.C. 331(a).

The violations cited in this letter are not intended to be an all-inclusive list of violations that may exist in connection with your products. You are responsible for investigating and determining the causes of any violations and for preventing their recurrence or the occurrence of other violations. It is your responsibility to ensure that your firm complies with all requirements of federal law, including FDA regulations.

This letter notifies you of our concerns and provides you an opportunity to address them. Failure to adequately address this matter may result in legal action including, without limitation, seizure, and injunction.

Please notify FDA in writing, within 15 working days of receipt of this letter, of the specific steps you have taken to correct any violations. Include an explanation of each step being taken to prevent the recurrence of violations, as well as copies of related documentation. If you believe that your products are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. If you cannot complete corrective action within 15 working days, state the reason for the delay and the time within which you will complete the correction. Your response should be sent to U.S. Food and Drug Administration, CDER/OC/Office of Unapproved Drugs and Labeling Compliance by email to FDAAdvisory@fda.hhs.gov and include your firm name and the unique identifier “711006” in the subject line of your email.