As the summer months are upon us, I thought this article from Bloomberg.com outlining new regulations that will be imposed on sunscreen manufacturers would be interesting to discuss. It appears that beginning next year, sunscreen manufacturers will be subject to stricter regulations with respect to how they are allowed to label and market their products. It appears that these new regulations are being imposed by the FDA in light of the rise in the number of people being diagnosed with skin cancer in recent years.
Under the new regulations only those sunscreens that are shown to protect against both ultraviolet A and B rays and with SPF values of 15 or higher may be marketed as reducing the risk of cancer. Further, sunscreens that fail the test for ultraviolet A and B rays or have an SPF value of less than 15, must carry a warning stating that they haven’t been shown to prevent skin cancer or early skin aging.
While the article does not mention any litigation regarding these products, it will be interesting to see if news of the newer, stricter warning requirements will lead to suits against the manufacturers from potential plaintiffs who had used the products with the older warnings and labels. Also, will there be preemption issues with any litigation that occurs after the implementation of the new regulations?