The Ministry of Health has confirmed the regulation of sunscreens in New Zealand will likely be covered by an upcoming law change.
Consumer New Zealand released the results of testing earlier this week which showed five sunscreen products on the New Zealand market failed to live up to the SPF claims printed on the packaging.
Both Consumer NZ and the Cancer Society have been calling for sunscreen products to be regulated as medicines in New Zealand, as they are in Australia, instead of them being categorised as cosmetic products.
A spokesperson for the Ministry of Health confirmed work on doing so has been underway since at least last year as part of the ministry's New Zealand Cancer Action Plan 2019-2029.
The Ministry is working on a draft version of the Therapeutic Products Bill, which will replace the Medicines Act 1981 — but said "there has been some impact on milestones due to the need to respond to the Covid-19 pandemic".
"Sunscreens meet the definition of therapeutic purpose as they prevent sunburn and skin cancers, and therefore would be within the scope of the proposed Therapeutic Products Bill," the spokesperson said.
"The new bill will provide a modern regulatory scheme to ensure the safety, quality and efficacy of therapeutic products (medicines, including cell and tissue products, and medical devices).
"The requirements for sunscreens are likely to be contained in the regulations under the Therapeutic Products Bill should it be passed."
The draft bill will need to be completed before entering Parliament, and the date that will happen is "yet to be determined and will be decided by Parliament".
The Ministry noted that sunscreens are currently regulated under the Hazardous Substances and New Organisms Act, which is administered by the Environmental Protection Agency, and that claims about sunscreen SPF are covered by the Fair Trading Act.
A spokesperson for Consumer NZ said the change is "long overdue" and that the slow progress on it is disappointing.
"Consumer NZ made a submission on the draft Therapeutic Products Bill last year, supporting regulation of sunscreens," Consumer NZ said.
"A mandatory standard for sunscreens is long overdue.
"While we're pleased the need to regulate these products has been recognised, we're disappointed with the slow progress of the legislation."
The Cancer Society echoed those sentiments, with advocacy and wellbeing manager Shayne Nahu calling for the bill to undergo a "fast forward".
"This isn't good enough for a country like ours with the highest rates of skin cancer and melanoma in the world," Nahu said.
"Around 90,000 New Zealanders are diagnosed with a skin cancer every year (the size of Dunedin).
"It is predicted that by 2040, 768 people will die from skin cancer in that year alone."
The Cancer Society said regulation of sunscreens as a medicine would ensure a more robust and reliable process for the manufacture of sunscreens, and would also reassure Kiwis that the sunscreen they buy will do the job.
GOLDEN RULES OF SUN PROTECTION:
SLIP on clothing that covers as much skin as possible.
SLIP into shade. Find shady spots for outdoor play — you may need to take shade with you for family outings.
SLOP on SPF30 (or higher), broad-spectrum, water-resistant sunscreen.
SLAP on a hat that shades the face, neck and ears.
WRAP on sunglasses (labelled Australian/New Zealand standard AS/NZS 1067:2003).
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