The New Zealand sun is notorious for being tough on our skin and now (thank goodness) we have a new law that is tougher on our sunscreens. Being one of the worst countries in the world for sun-related harm, it is only fair that we should be able to trust the quality of the sun protection products that we buy and I am hopeful this law will enable our trust to grow!

Personally, I’ve been burnt (physically and emotionally) by ‘eco’ sunscreen trials, and I don’t wish that pain on anyone else. These new laws are a step in the right direction, but I must preface this piece of writing by reminding you that sunscreen isn’t our only barrier from the sun. Stay in the shade, wear a groovy hat, cover up - and then consider what sunscreen you’d like to use as extra protection.

With that out of the way…

The purpose of this blog post is to summarise what the law changes mean for sunscreen and help you, a sunscreen consumer, understand how best to purchase sunscreen going forward.

A bit of background:

Until now, sunscreen safety standards have been in place but with no real enforcement or regulation. Consumer NZ is Aotearoa New Zealand’s general watchdog for all products and with funding from the Ministry of Health, they test random sunscreens to see if they meet their claims and then share the findings with the public. However, they don’t test to the full extent of the laboratory assessments that most certifications do. For example, they test on 3 people, not 10. Even though Cosmetics NZ argues that the testing should be as rigorous as the certification testing, Consumer NZ’s reviews and testing has been what we’ve had to rely on. Now, we have the Sunscreen (Product Safety Standard) Bill.

What is the new Sunscreen (Product Safety Standard) Bill?

The Sunscreen (Product Safety Standard) Bill means that our sunscreen products have to meet new criteria before hitting the shelves or online marketplaces. The bill became law in early March 2022, creating a mandatory standard under the Fair Trading Act which requires all primary and secondary sunscreen products (think BB creams, SPF moisturisers and so on) to meet the AS/NZS 2604: 2012 Standard. The primary purpose is to establish and enforce safety requirements for sunscreens under the act.

The new legislation focuses on three things:

1. Certification

2. Testing

3. Labelling

This affects manufacturers and importers of Sunscreen in New Zealand, plus all of us who buy sunscreen products.

The AS/NZS 2604:2012 standard specifies the requirements and test methods for protection factors of sunscreen products like broad spectrum and water resistance, including labelling requirements. Any product that is represented as skincare with a labelled SPF greater than 15, insect repellent with a labelled SPF of 4 and product that is represented as being primarily to protect the skin from ultraviolet radiation now falls under this act. EPA guides are still important too.

What is the EPA?

As well as meeting the AS/NZS 2604:2021 standard, sunscreen products in Aotearoa New Zealand must also meet EPA (Environmental Protection Authority) guides for safe levels of zinc oxide and titanium dioxide allowed in products. The Environmental Protection Authority (EPA) is a totally separate entity that deals with hazardous substances and has guidelines for the ingredient concentrations in products, under the Hazardous Substances and New Organisms Act. The outline by the EPA limits both ingredients to 25% of the product. An important thing to note is that Japan and Australia have no upper limit on these, which begs the question; are they missing something or is our guideline perhaps too cautious or outdated? With this information, no clear answer and no legislation, it is up to each consumer to decide.

What does this mean for us and the sunscreen products we can buy?

The passing of this bill means that the criteria are stricter for sunscreen products. Our trust levels in sunscreens in the market can go up!

Keep in mind, that the new Sunscreen (Product Safety Standard) Bill comes into force 6 months after the date it passed - 8th September 2022 - meaning that products coming into New Zealand or manufactured in New Zealand after the 8th of March must meet the new standard from 8 September. Products already in the country have 18 months (until 8 September 2023) to comply.

As for the EPA guidelines, this is where it gets a little tricky. Some existing sunscreen brands meet the AU/NZ standards but don’t adhere to the EPA guidelines. It’s important to keep this in mind when choosing sunscreen. These new limitations on zinc content might affect many ‘eco’ sunscreens, especially those labelled as ‘reef safe’ (unregulated term) or that comply with the Hawai’i Reef Bill as they are often zinc-based and one of the new ingredient limits is for zinc.

What happens if products/companies don’t comply?

The passing of this bill means that there are some pretty serious fines for those who fail to meet the standards. The Fair Trading Act is enforced by the Commerce Commission. Non-compliance will look like Trading Standards officers issuing notices, ordering product recall and even fines up to $30,000 for a company or $10,000 for an individual!

Key messages: Check your sunscreen.

• Is it certified SPF? If so, is there much information about the certification provider?

• When was the sunscreen made and when does it expire? Products already in the country have until 8 September 2023 to comply. Products coming into New Zealand or manufactured in New Zealand must now meet the new standard from 8 September.

• Check with stores and online businesses to see if they have made any statements about complying with the new law and if they have done their needed recall.

• Ingredient concentrations to look for: Zinc oxide and titanium dioxide limits to 25% to meet the EPA guidelines.

A few of my favourite sustainable sunscreens:

• Back to the Wild

• Smidge

• Goodbye

If you are curious about the Sunscreen (Product Safety Standard) Bill you can give it a read here.