New Zealand’s sun-protection laws aren't doing enough to protect consumers

Skin cancer is the most common cancer affecting New Zealanders. Melanoma is the most serious type, responsible for 65% of skin cancer deaths. In 2022, there were 3,116 melanoma registrations and in 2019, 329 people died of the disease.

Non-melanoma skin cancers are more common. Exact figures are unknown (new cases aren’t registered with Health NZ’s Cancer Registry), but it’s estimated 90,000 people are treated for invasive non-melanoma skin cancer each year. In 2019, 175 people died from non-melanoma skin cancer.

UV radiation from the sun or sunbeds causes 90% of all skin cancers. This means skin cancer is largely preventable. However, when it comes to sun-protection regulation, New Zealanders are not well covered.

Consumer NZ’s main concerns are about the lack of adequate regulation of sunbeds, sunscreens, and other sun-protection products such as sunglasses and Sun-protection clothing. We’d also like the government to consider options to make sunscreens more affordable.

Here are the main things we’d like to see happen to provide better protection for New Zealanders.

Regulate sunscreens as a therapeutic product

Consumer has been campaigning for sunscreens to be regulated as a therapeutic product for many years – a call backed by the New Zealand Dermatological Society the Cancer Society, and Melanoma New Zealand.

Consumers also agree, with 57% of people in our 2023 Sun Smart Survey wanting sunscreens regulated as a therapeutic product (19% were unsure).

Excessive UV radiation is a major risk factor for skin cancer, and sunscreen reduces this exposure, so it provides a therapeutic purpose.

Although better sunscreen safeguards for consumers were introduced when the Sunscreen (Product Safety Standard) Act became law in 2022, they weren’t sufficient.

The Sunscreen Act requires sunscreens to comply with the Australian and New Zealand sunscreen standard. However, the standard doesn’t specify how often a sunscreen should be tested. Our investigations have found some companies are relying on test reports that are several years old.

The Standard’s scope also isn’t comprehensive. It covers insect repellents labelled with an SPF of 4 or more, and skincare products that claim to be SPF 15 or higher, including moisturisers, oils, creams and gels. However, it falls short when it comes to lip products, or products whose main use is as a tinted moisturiser or foundation. We believe these products should meet the substantiation requirements of the standard, and we think consumers would expect the same.

Regulating sunscreens as therapeutic products would be an opportunity to address these exclusions and implement testing requirements.

Make sunscreens more affordable

To provide good protection, sunscreen must be applied properly. That means applying plenty (adults need about 7-9 teaspoons of sunscreen for a full body application) and often (every 2 hours you’re outside and after swimming, mopping up sweat or towelling dry).

Yet, for many people the cost of sunscreen isn’t affordable. Sixty percent of consumers in our 2023 Sun Smart Survey agreed that sunscreens were too expensive.

Bronwen McNoe, from the University of Otago’s Cancer Society Research Collaboration said more can be done to increase the affordability of sunscreens in Aotearoa.

“Removing GST here would make sunscreen more affordable for all New Zealanders. In Australia and the USA there’s no GST (or the equivalent) on sunscreens. Other options include making sunscreen tax deductible – currently only an option for employers of outdoor workers or expanding the eligibility of people who can apply for sunscreen on prescription. However, these options aren’t going to help the majority of New Zealanders,” said McNoe.

Ban sunbeds

The World Health Organization’s International Agency for Research on Cancer classifies sunbeds as carcinogenic. Research has shown that people who first used a sunbed before the age of 30 have a 75% greater risk of developing melanoma. The risk of melanoma increases the more often you use a sunbed.

Since 2017, it’s been illegal under the Health Act 1956 for operators to allow people aged under-18 years to use a sunbed. Auckland and Wairarapa councils have also implemented a bylaw requiring sunbed operators to be licensed and to comply with minimum standards.

But for the rest of the country, it’s not compulsory to comply with the sunbed standard, although Health NZ Te Whatu Ora advises sunbed operators they should comply.

We’ve been mystery shopping sunbed operators for years. Each time, we find the lack of regulation and some operators’ failure to adhere to the voluntary standard means consumers don’t have sufficient protection.

In our latest survey, one operator allowed a 14-year-old to have a sunbed at two separate locations. Six operators let a person with type-1 skin (fair skin, which burns easily or never tans) have a sunbed. Three of these operators were repeat offenders.

Using a sunbed is risky for anyone. But for people with fair skin and for those under 18, the potential for lasting and serious damage increases.

We think it’s time sunbeds were banned. Sunbeds are already banned in Australia, which has similarly high rates of skin cancer.

A sunbed ban is also supported by several agencies, including the New Zealand Dermatological Society, Cancer Society of New Zealand, Melanoma New Zealand, and the University of Otago’s Cancer Society Research Collaboration.

Consumers also support our call. In a 2023 Consumer NZ survey, only 17% of respondents did not support a ban, while 47% supported a ban and 36% were unsure.

Regulate other sun-protection products

Sunscreen is only one part of your defence against UV radiation and shouldn’t be used on its own. You should also wear UV-protective sunglasses, cover up with suitable clothing (UPF50+) including a broad-brimmed hat, and seek shade. But when it comes to these other sun-protection products, regulation is lacking.

Sunglasses

In New Zealand, there are no requirements when it comes to sunglasses, and they don’t need to meet a standard. In Australia, sunglasses must comply with the Consumer Goods (Sunglasses and Fashion Spectacles) Safety Standard 2017.

When we tested 50 pairs of sunglasses against the Australian safety standard, only 29 met all the requirements we were testing for.

Sunglasses are an important part of your sun protection. Regulation is supported by the New Zealand Association of Optometrists and the Cancer Society of New Zealand.

Sun-protection clothing

Some clothing is made from UV-protective fabric and may claim to have an ultraviolet protection factor (UPF) rating. UPF is a measure given to fabrics that indicates how much of the sun’s UV rays they will block.

The Australian/New Zealand standard for sun-protective clothing has testing requirements and minimum skin coverage requirements. But compliance with the standard is only voluntary.

In our 2023 test of sun-protection clothing, we found a bikini making a sun-protection claim when it didn’t meet the skin coverage requirements of the standard. Two of the 19 products making UPF claims we tested, did not meet their claims.

Sun shelters

Portable sun or beach shelters are a good option for getting some shade and protecting your skin from UV rays. They’re also a good choice for families with babies, as sunscreen isn’t recommended for babies under 6 months.

In Australia, there’s a standard for knitted and woven shade fabrics, which has requirements for their ultraviolet effectiveness (UVE) rating. UVE is a measure of the shade fabric’s ability to block UV radiation.

But there’s no requirement for New Zealand products to comply. We tested sun shelters against the Australian standard and found one shelter that didn’t meet its UVE claims and four shelters that made invalid UPF claims. UPF claims should only be used on clothing and aren’t appropriate for sun shelters.

About our survey

Our survey data is from nationally representative online surveys of New Zealanders, aged 18 years and older. The Sun Smart Survey (1,000 respondents) was carried out in August 2023.