This Note suggests a better balance between allowing sunscreen innovation and protecting the public from unsafe products. Part I of this Note will review the factual background of the public’s attention to sunscreen, explain the current sunscreen issues in the news, and highlight the different actors involved in the growing discourse surrounding sunscreen. Part I will also show that the actors involved in the sunscreen industry—scientific researchers, social media influencers, and the public at large—have considerable influence on consumers’ trust in sunscreen, their buying habits, and the FDA’s approach to sunscreen regulation. Part II of this Note will outline the history of sunscreen regulation by Congress and the FDA. It will focus on the key issues included in the pending order the FDA proposed on November 12, 2021. Finally, Part III will examine how the FDA can utilize the information provided by both other countries and social media influencers to create sunscreen regulation that promotes consumer safety and vital innovation. Additionally, Part III will show that using this information will enhance consumer trust and benefit consumers’ health and producers’ profit.
Haley Westman, A Hot Topic: Is the FDA’s Approach to Sunscreen Regulation Failing Consumers?, 46 SEATTLE U. L. REV. 201 (2022).