Australian TGA proposes sunscreen regulation reforms after SPF testing controversies
Consensus Summary
The Australian Therapeutic Goods Administration (TGA) has proposed major reforms to sunscreen regulations following widespread concerns about inaccurate SPF claims. In June 2023, consumer group CHOICE tested 20 popular SPF50 and SPF50+ sunscreens and found 16 failed to meet their advertised protection levels, with results ranging from SPF4 to SPF43. Since then, over 20 products have been recalled or paused from sale. The TGA’s reforms aim to improve SPF testing reliability, strengthen oversight of testing laboratories, and simplify SPF labels—potentially replacing numerical ratings with categories like 'low,' 'medium,' 'high,' and 'very high.' Professor Tony Lawler defended the TGA’s actions, stating the regulator had taken prompt but proportionate measures, including mandatory and voluntary recalls, while drafting the new rules. The proposals also include requiring public disclosure of SPF testing data, though this could expose trade secrets. Consumer group CHOICE has welcomed the reforms but criticized the shift away from numerical SPF ratings, arguing consumers are accustomed to them. The TGA’s consultation period is open to public feedback, with the goal of restoring consumer confidence in sunscreen effectiveness amid Australia’s high rates of skin cancer and melanoma, which claim around 2,000 lives annually.
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Key details reported by multiple sources:
- The Therapeutic Goods Administration (TGA) proposed sweeping reforms to Australian sunscreen regulations in response to SPF testing failures, with a public consultation period open for feedback.
- CHOICE tested 20 popular SPF50 and SPF50+ sunscreens in June 2023 and found 16 did not meet their advertised SPF claims, with results ranging from SPF4 to SPF43 instead of the labeled SPF50+.
- Over 20 sunscreen products have been recalled or paused from sale since CHOICE’s testing, according to the TGA and CHOICE.
- Australia has the highest rates of skin cancer and melanoma globally, with around 2,000 deaths annually, according to the TGA.
- The TGA identified unreliable SPF testing data from certain laboratories and gaps in manufacturers’ understanding of legal obligations as key issues in the sunscreen scandal.
- Professor Tony Lawler, head of the TGA, defended the regulator’s handling of the scandal, stating the TGA had not been 'sitting on our hands' and had taken regulatory action including mandatory and voluntary recalls.
- The TGA’s proposed reforms include changes to SPF testing methods, stronger oversight of testing laboratories, and potential simplification of SPF labels to 'low,' 'medium,' 'high,' and 'very high' categories.
Points of Difference
Details reported by only one source:
- Professor Tony Lawler stated in his first interview since the scandal erupted that the proposed reforms aim to 'rebuild public trust' in both sunscreens and the TGA's function.
- The TGA released seven specific areas for regulatory reform in its consultation paper, with multiple options for each, including maintaining current standards.
- CHOICE’s Andy Kelly criticized the TGA’s proposed replacement of SPF numbers with word ratings, stating Australian consumers are accustomed to numerical ratings and would need time to adapt.
- The TGA’s consultation document includes examples of proposed graphics to replace SPF numbers, though these were not detailed in NEWSCOMAU.
- The TGA acknowledged that changing SPF labels would require legislative amendments and industry investment, creating divergence with international standards.
- The TGA proposed requiring sunscreen manufacturers to publicly disclose SPF testing data, though it noted potential drawbacks like exposure of trade secrets.
- Ultra Violette’s Australian Sunscreen ‘Lean Screen 50+’ tested at SPF4, while Banana Boat Baby Zinc Sunscreen Lotion SPF 50+ tested at 28 and Coles SPF 50+ Ultra Tube tested at 43, according to CHOICE’s findings.
- Ultra Violette posted an Instagram story claiming its sunscreen testing costs up to $150,000, stating 'no cutting corners' and emphasizing 'the best protection.'
- The TGA explicitly stated it would investigate CHOICE’s findings and take 'regulatory action as required,' including potential recalls or penalties.
- The TGA highlighted that current exemption rules for cosmetic sunscreens are 'complex' and proposed adopting new testing technologies faster to address this.
Contradictions
Conflicting information between sources:
- ABC reports the TGA’s proposed SPF label changes would require legislative amendments and industry investment, while NEWSCOMAU does not mention this detail.
- NEWSCOMAU includes Ultra Violette’s Instagram post about testing costs, which is not referenced in ABC’s articles.
- ABC states the TGA’s proposed reforms include seven specific areas for regulatory reform, but NEWSCOMAU does not list or elaborate on these areas.
- ABC’s Professor Lawler emphasizes the TGA’s 'risk-based approach' to recalls, while NEWSCOMAU focuses more on the TGA’s investigation into specific brands like Ultra Violette without detailing the broader approach.
- NEWSCOMAU states the TGA would 'investigate CHOICE’s findings and take regulatory action as required,' but ABC does not explicitly state this phrasing, instead using more general language about ongoing investigations.
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