Commerce Commission test results obtained during an investigation into "all day protection" claims made for some sunscreen products have found that some live up to their claims, while others clearly do not.

In 2006, the Commission launched an investigation into products marketed by four companies, after complaints laid by the Cancer Society that the products claim to provide all day protection from the sun, from just one application of the sunscreen.

It was alleged this was misleading under the Fair Trading Act.

The products investigated and tested were:

Hawaiian Tropic: SPF 15 Plus Sunblock (batch code no. 4151H)

Kids Splash SPF 30 Sunblock (batch code no. 5007H)

SPF 30 Sunblock (batch code no. 5205M)

Baby Faces SPF 50+ Sunblock (batch code no. 5017J)

Sunjunk SPF 45

Daylong: Daylong Kids SPF30+

Daylong SPF 30+

Daylong SPF 15+ (batch code no.CO71)

Once Sunscreen

Piz Buin 1 Day Long

Commission Chair Paula Rebstock says the test findings make it necessary to issue timely advice to consumers and the sunscreen industry about sunscreen product claims.

"Consumers must be able to rely on the representations made in advertising and packaging. There are potentially important health consequences for consumers if they are misled about the level of protection they can expect in New Zealand conditions from sunscreen products," says Ms Rebstock.

"Some of the products tested in this investigation do meet the claims made. However, the Commission has serious concerns about some of the sunscreen products, which we allege do not provide the protection claimed, based on the testing undertaken."

"Even where products have complied with the tests, it is important that consumers are aware of the limitations of sunscreen. Covering up with clothing and a hat and seeking shade during the peak of the day are still the most effective means of preventing skin damage from the sun," says Ms Rebstock.

The Commission has decided to seek a speedy resolution to these matters, because of the significant public interest. The Commission is seeking settlement with the sunscreen companies whose products allegedly do not meet the claims made on the packaging, in order to ensure full public disclosure is made and steps are taken immediately to correct the alleged misconduct. If the Commission is unable to achieve settlements within a tight timeframe it will prosecute under the Fair Trading Act.

What the Commerce Commission testing found

The Commission arranged testing of the SPF factors of the products at the Australian Photobiology Testing Facility (APTF). These results were reported on in the context of New Zealand sun conditions by the National Institute of Water and Atmospheric Research Ltd (NIWA). The following results were found.

Hawaiian Tropic:

The Hawaiian Tropic range of products makes claims which infer "all day protection".However, based on the NIWA report the Commission alleges that three of the five products could not make that claim.

  • Hawaiian Tropic SPF 15 Plus Sunblock, Hawaiian Tropic Kids Splash SPF 30 Sunblock and Hawaiian Tropic SPF 30 Plus Sunblock all failed to meet the represented SPF.
  • Only Hawaiian Tropic Sunjunk SPF 45 and Hawaiian Tropic Baby Faces 50+ could accurately claim "all day protection".
  • However, Hawaiian Tropic Baby Faces 50+ had an SPF of 33, not the SPF of 50 as stated on its label.

BDM Grange Limited, the company that markets Hawaiian Tropic, and Tanning Research Laboratories (inc), the American manufacturer, have withdrawn all of the products that failed the Commission's testing and have replaced these with products which they claim will pass testing against the New Zealand and Australian standard.

Furthermore, the companies advise that they have ceased using the terms "sunblock" and "all day waterproof".

The Commission has offered a settlement to BDM Grange Limited and Tanning Research Laboratories (inc).

Once Sunscreen:

Once Sunscreen claimed to offer full protection from the sun for eight hours and light tanning after longer exposure.

  • On testing, the sunscreen exceeded the SPF value claimed.
  • However, further testing concluded that it could not offer eight hours protection from the sun if it was applied in the quantity recommended on the packaging.

The Commission is entering into settlement negotiations with Once Trading Limited. The product is still being marketed with the alleged offending instructions of use.

Daylong sunscreen:

Daylong sunscreen was promoted as offering "all day sun protection".

  • Testing revealed that all the Daylong products met their claimed SPF level.
  • The tests confirmed that the two Daylong Sunscreens that are labelled SPF 30+ could offer all day protection in the New Zealand sun.
  • However, the Daylong Sunscreen SPF 15 could not offer all day protection, according to the test results.

Daylong Sunscreen SPF 15 has been withdrawn from pharmacies by the trader (CSL), who has been forthcoming in offering an out-of-court settlement to the Commission at an early stage in the investigation. This settlement was agreed today. The Commission acknowledges the proactive stance taken by CSL to fully resolve this matter.

Piz Buin 1 Day Long:

Piz Buin 1 Day Long sunscreen claims on its packaging to provide 10 hours of sun protection from a single application.

  • Testing revealed it has an effective SPF level of 40 over the course of a day, and therefore it can provide all day protection in the New Zealand sun.

The Commission will be taking no further action with regard to Piz Buin 1 Day Long.

What should consumers do?

As part of any settlement discussions the Commission will address the issue of any outstanding product with suppliers. The public will be informed as to the outcome of these discussions and any appropriate steps agreed, at a later date.

In the interim, if consumers have purchased any of the products that failed the Commission testing for "day long protection" or SPF claims and still have these products, they should use the product with care, and seek further advice from the distributor or retailer. Consumers should retain their products as proof of their purchase, should that be required at a later date.

Products this advice applies to are:

  • The three Hawaiian Tropic sunscreen products, which the Commission alleges did not meet the sun protection claims made.
  • Any Daylong SPF 15+ sunscreen products which carry the words, "Once daily sun protection", which were purchased since the 2005/2006 summer.

With regard to Once Sunscreen, consumers are advised that the quantity of sunscreen recommended on the packaging for application, the Commission alleges is not sufficient to provide the protection claimed.

Background

SPF

An SPF of O gives no protection to the skin. If it would normally take 10 minutes for a person's skin to start to burn, an SPF of 15 provides 150 minutes of protection. SPF is measured by the amount of radiation required to produce 1 Minimal Erythemal Dose (MED) - which is the amount of radiation required to produce the first visible signs of reddening of the skin.

The Standard

The Evaluation and Classification Standard AS/NZS 2604:1998 is compulsory in Australia, but voluntary in New Zealand. All testing by APTF was carried out in accordance with the standard.

In New Zealand, sunscreens are currently categorised as a cosmetic and do not require the approval of the Ministry of Health before being marketed, but the Ministry recommends that suppliers of sunscreen comply with the voluntary standard.