New FDA Sunscreen Requirements Suggest No Cause for Nano-Ingredient Warning Labels

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Just in time for the summer’s beach and pool weather, on Tuesday, June 14, 2011, the Food and Drug Administration released new rules for sunscreen labels, aimed at helping consumers navigate the increasingly complex process of determining which sunscreen affords the best protection.
United States Food, Drugs, Healthcare, Life Sciences
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Originally published on The Nano Newswire

Just in time for the summer's beach and pool weather, on Tuesday, June 14, 2011, the Food and Drug Administration released new rules for sunscreen labels, aimed at helping consumers navigate the increasingly complex process of determining which sunscreen affords the best protection.

Sunscreens will only be able to claim protection against the risks of skin cancer and early skin aging if they have an Sun Protection Factor ("SPF") of 15 or higher.  And soon lotions with an SPF of over 50 may disappear entirely: the FDA is seeking further comment on its proposal to ban SPF numbers over 50, the FDA has no data showing that any SPF level above 50 adds any additional protection, although the agency is investigating whether certain special groups of people might benefit from a sunscreen with an SPF over 50.

Also gone will be claims of "waterproof" or "sweatproof" lotions, as the FDA has determined that since reapplication is indeed necessary, such claims are patently false. Instead, labels will advertise the amount of time (in minutes) for which the sunscreen is water- or sweat-resistant.

The rules do not, however, require sunscreens to indicate whether they contain nanomaterials. Although some consumer and environmental groups have expressed concern over the absorption of nanoparticles through the skin, the FDA's own testing has found no cause for such concerns.

Of course, the rules fail to address the most common sunscreen problem: getting consumers to use enough of it. More than two million people in the United States are treated each year for skin cancer.

The rules are slated to take effect in one year.

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New FDA Sunscreen Requirements Suggest No Cause for Nano-Ingredient Warning Labels

United States Food, Drugs, Healthcare, Life Sciences

Contributor

Day Pitney LLP logo
Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
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