(1)

Sunscreen products are cosmetic products within the meaning of Article 1(1) of Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1).

(2)

Under the first paragraph of Article 2 of Directive 76/768/EEC, cosmetic products placed on the Community market must not cause damage to human health when applied under normal or reasonably foreseeable conditions of use, taking account, in particular, of the product’s presentation, its labelling and any instructions for its use.

(3)

Article 6(3) of Directive 76/768/EEC obliges Member States to take all measures necessary to ensure that, in the labelling, putting up for sale and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs are not used to imply that these products have characteristics which they do not have.

(4)

Moreover, under Article 7a of Directive 76/768/EEC, the manufacturer or his agent or the person to whose order a cosmetic product is manufactured or the person responsible for placing an imported cosmetic product on the Community market must, for control purposes, keep information on the proof of the effect claimed for the cosmetic product, where justified by the nature of the effect or product, readily accessible to the competent authorities of the Member State concerned.

(5)

In order to contribute to a high level of health protection, guidance should be given as to the implications of the provisions laid down in Article 6(3) of Directive 76/768/EEC for claims made in respect of the efficacy of sunscreen products.

(6)

While industry has already made certain efforts in this respect, it is appropriate to set out examples of claims which should not be made in relation to sunscreen products, precautions that should be observed, and usage instructions that should be recommended for some of the characteristics claimed.

(7)

It is also appropriate to address certain other aspects relating to claims made for sunscreen products and the efficacy of such products, namely the minimum efficacy of a sunscreen product in order to ensure a high level of protection of public health and how the labelling of sunscreen products can be kept simple and comprehensible in order to assist the consumer in choosing the appropriate product.

(8)

Sun radiation consists inter alia of (shorter) ultraviolet B radiation (‘UVB radiation’) and of (longer) ultraviolet A radiation (‘UVA radiation’). The inflammation of the skin (‘sun burn’) and the resulting reddening of the skin (erythema) is mainly caused by UVB radiation. As to the cancer risk, although UVB radiation is the main contributor, the risk generated through UVA radiation cannot be neglected. Furthermore, UVA radiation is cause of premature ageing of the skin. Research also suggests that excessive exposure to UVB radiation as well as UVA radiation impacts on the body's immune system.

(9)

Sunscreen products can be effective in preventing sunburn. Scientific findings also suggest that sunscreen products can prevent the damage linked to photo-ageing and that they can protect against induced photo-immunosuppression. Epidemiological studies show that the use of sunscreen products may prevent some types of skin carcinoma.

(10)

In order to have these preventive characteristics, sunscreen products need to protect against both UVB and UVA radiation. Therefore, although the sun protection factor refers only to protection against the radiation which causes erythema (mainly UVB radiation), sunscreen products should contain both UVB and UVA protection.

(11)

Even sunscreen products which are very effective and which address both UVB and UVA radiation cannot guarantee full protection against healthrisks from ultraviolet (UV) radiation. No sunscreen product can filter all UV radiation. Moreover, there is, to date, no conclusive scientific evidence that the use of sunscreen products prevents melanoma. Consequently, sunscreen products should not claim or create the impression that they provide total protection from the risks deriving from over-exposure to UV radiation.

(12)

This holds particularly true for sun exposure of babies and young children. As exposure to sun during childhood is an important contributor to the development of skin cancer at a later age, sunscreen products should not give the impression that they provide sufficient protection for babies and young children.

(13)

Mistaken perceptions of the characteristics of sunscreen products should be addressed through appropriate warnings.

(14)

Based on several studies, the International Agency for Research on Cancer of the World Health Organisation has emphasised the importance of the link between the correct application of sunscreen products and the efficacy of the sun protection factor claimed. In particular, frequent re-application of sunscreen products is crucial. Moreover, in order to reach the protection level indicated by the sun protection factor, sunscreen products have to be applied in quantities similar to the ones used for testing, i.e. 2 mg/cm2, which equals 6 teaspoons of lotion (approx. 36 grams) for the body of one average adult person. This quantity is higher than that usually applied by the consumers. Applying a smaller quantity of sunscreen product leads to a disproportionate reduction in protection. For example, if the quantity applied is reduced by half, protection may fall by as much as two-thirds.

(15)

Sunscreen products should be sufficiently effective against UVB and UVA radiation to ensure a high protection of public health. To this end, a sunscreen product should provide a minimum UVB and UVA protection. An increased sun protection factor (i.e. mainly UVB protection) should include an increase in the UVA protection as well. Therefore, the protection against UVA and UVB radiation should be related. Scientific findings show that certain biological damage to the skin can be prevented and reduced if the ratio of the protection factor measured in the persistent pigment darkening test (i.e. addressing mainly UVA radiation) is at least 1/3 of the factor measured by the sun protection factor testing method (i.e. addressing mainly UVB radiation). Moreover, in order to ensure a broad protection, dermatologists recommend a critical wavelength of at least 370 nm.

(16)

In order to ensure reproducibility and comparability of the recommended minimum protection against UVB radiation, the International Sun Protection Factor Test Method (2006) as updated in 2006 by the European, Japanese, American and South African industry should be used. In order to assess the minimum protection against UVA radiation, the persistent-pigment darkening method as applied by the Japanese industry and modified by the French health agency Agence française de sécurité sanitaire des produits de santé — Afssaps as well as the critical wavelength test should be used. These testing methods have been submitted to the European Committee for Standardisation (CEN) in order to establish European standards in this field (2).

(17)

While these testing methods should be used as reference methods, preference should be given to in vitro testing methods delivering equivalent results, as in vivo methods raise ethical concerns. Industry should increase efforts to develop in vitro testing methods for the protection against both UVB and UVA radiation.

(18)

Claims concerning the efficacy of sunscreen products should be simple, meaningful and based on identical criteria in order to help the consumer to compare products and to choose the right product for a given exposure and skin type.

(19)

There is in particular a need for a uniform claim on UVA protection in order to facilitate the choice of the consumer for a product protecting against both UVB and UVA radiation.

(20)

A wide variety of numbers used on labels for indicating the sun protection factor does not support the aim of making claims that are simple and meaningful. The increase in protection from one number to the next is negligible, particularly in the high range. Moreover, the increase in protection is only linear in the case of sunburn, that is to say, a product with sun protection factor 30 protects twice as well from sunburn as product with a sun protection factor of 15. However, a product with sun protection factor 15 absorbs 93 % of UVB radiation, and a product with sun protection factor 30 absorbs 97 % of UVB radiation. Finally, sun protection factors above 50 do not substantially increase the protection from UV radiation. Therefore, the range of labelled sun protection factors can be made smaller without reducing the choice of different strengths for the consumer.

(21)

Labelling using one out of four categories (‘low’, ‘medium’, ‘high’ and ‘very high’), provides for a simpler and more meaningful indication of the efficacy of sunscreen products than a variety of different numbers. Therefore, the category should be labelled at least as prominently as the sun protection factor.

(22)

Consumers should be informed about the risks stemming from excessive sun exposure. Moreover, consumers need guidance as to the appropriate sunscreen product in terms of its efficacy taking into consideration the degree of sun exposure and the skin type,