HomeMy WebLinkAboutCOM 0771.513 2020-2022 / CAI
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PURL A CESS Tt SUNSCREENS
TO: County Council, County of Hawaii
Climate Resilience and Natural Resource Management Committee
FROM: Lynn Miyahira representing Public Access to SunScreens (PASS) Coalition
Re: Bill 167—Related to Prohibition of Non-Mineral Sunscreens CD
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Position: Opposed
The Public Access to SunScreens (PASS) Coalition is a multi-stakeholder coalition composed of
public health groups, dermatologists, sunscreen manufacturers, and leading advocates for skin
cancer patients.The PASS Coalition opposes this measure as it will create additional barriers for
consumers to access their choice of safe, effective and FDA-approved sunscreens as a skin
cancer prevention tool.
We ask that the Council hold off on passing Bill 167 or any other legislation on sunscreen
ingredients, until more data on environmental and public health impacts are available.
The use of sunscreen is an important evidence-based sun-safe practice. It is well known that
utilizing comprehensive sun-safe practices is one of the most effective ways to reduce the risk
of skin cancer, including the regular use of sunscreen, wearing sun protective clothing, hats and
sunglasses, and seeking shade. Skin cancer prevention tools, such as broad-spectrum
sunscreens that protect against both UVA and UVB rays, must be combined with
comprehensive educational tools to ensure consumer awareness of the risks of skin cancer due
to excessive sun exposure.
We would also like to take this opportunity to clarify some statements said during the last
Council meeting on June 1, particularly pertaining to the misinformation regarding avobenzone
and oxybenzone.
Avobenzone and Oxybenzone: Two Different Chemical Compounds
Avobenzone and oxybenzone are two different chemical compounds with distinctive
performance characteristics in sunscreens. Both UV filters are used around the world, and often
in combination to create broad-spectrum sunscreens.
Both ingredients are considered Generally Regarded as Safe and Effective(GRASE) in the FDA
Sunscreen Deemed Final mono raoh issued by the US FDA(21 CFR 352.50) in September 2021.
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Avobenzone is allowed in US sunscreens up to a concentration of 3%. Oxybenzone can be used
up to 6%according to the FDA in the US FDA monograph (although it is now banned in Hawaii).
The FDA lists them separately and has different requirements and restrictions for their use. For
those who think that they may be the same chemical because the words sound alike, that is
simply not true.That would be like assuming fluoride and chloride are the same chemicals
simply because they rhyme.
The Science Touted by Sunscreen Ban Advocates Is Flawed
Despite the known risk of skin cancer, Hawai'i and a handful of other jurisdictions have placed
restrictions on the sale of sunscreens based on limited laboratory testing that led policymakers to
believe banning sunscreen would improve coral reef health. The early studies, however, did not fully
consider the complexity of a coral reef system and had scientific limitations. Importantly, findings from
a 2019 study by Dr. Carys Mitchelmore of the University of Maryland contradicts an earlier study by Dr.
Craig Downs that has been widely promoted by advocates of the sunscreen ban. Dr. Mitchelmore's
study uses rigorous methodology and shows actual levels of oxybenzone sampled from sea water in
Hawai'i to be 141 times lower than previously stated by Dr. Downs, and 1,020 times below levels
considered toxic to coral.'
The limited studies that purported to show a link between sunscreen exposure and coral toxicity are
methodologically flawed and should not be used for evidence-based policy making based on EPA data
reliability standards. Subsequent follow-up studies with more rigorous analyses have not replicated the
work by Dr. Downs, and do not support the conclusions.
Additionally, Dr. Ku'ulei Rodgers, principal investigator at the UH Coral Reef Ecology Lab, was
asked by the Star-Advertiser about sunscreen threats at Hanauma Bay. In an article on Nov 20
2021, she was quoted saying that "There is no strong evidence to state sunscreens threaten
coral reefs."She goes on to say, "Our coral reef ecology lab has not seen the effects of
sunscreen use on bleaching in our monitoring efforts. If there were effects from sunscreen it
would be evident." Dr. Rodgers and her team have been studying Hanauma Bay for over 20
years and we can be sure that if sunscreen was a major threat to corals, they would see it in
their research.
Other researchers, such as Australian coral reef scientist Terry Hughes, wrote an article titled,
"There's insufficient evidence your sunscreen harms coral reefs" (The Conversation, Feb 2019)
and Professor Nial Wheate from the University of Sydney wrote another article titled, "No
sunscreen chemicals are not bleaching the Great Barrier Reef" (The Conversation, March 2022).
More and more researchers agree that the greatest threats to the reef are climate change, sea
temperature rise, land-based runoff, and wastewater pollution—not sunscreen. Banning
sunscreen won't solve land runoff, wastewater and climate change problems.
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Congress Has Directed the National Academy of Sciences to Conduct a Comprehensive Study
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For that reason, banning sunscreen will have little impact on protecting coral reef.The
overwhelming consensus amongst the scientific community is that coral decline is primarily
caused by rising ocean temperature and ocean acidification."' Other causes include land-based 3
source pollution, water quality issues due to poor wastewater management, sedimentation and
excess nutrification.'"As a result, the United States Congress directed the National Academy of
Sciences (NAS) to evaluate the latest science available on the correlation between coral reefs
and sunscreens and the potential public health impact of limiting access to sunscreen.
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This NAS study, titled "Environmental Impact of Currently IVlarketed Sunscreens and Potential
Human Impact of Changes in Sunscreen Usage," is being conducted right now as an objective I
review of these issues by leading scientific experts.The project description is as follows:
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"Concerns have been raised about the potential toxicity of sunscreens to a variety of
marine and freshwater aquatic organisms, particularly corals. At the same time, there
are concerns that people will use less sunscreen rather than substituting sunscreens
with UV filters that are considered environmentally safe.This study will review the
state of science on use of currently marketed sunscreen ingredients, their fate and 3
effects in aquatic environments, and the potential public health implications
associated with changes in sunscreen usage."
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This study, sponsored by the U.S. Environmental Protection Agency, is currently examining
research concerning both the environmental and human health impacts of access to sunscreen.
This independent study is evaluating the scientific merit of current science and identify gaps in
our current understanding of coral reef environmental health and human health risks of skin
cancer.All NAS studies involve multiple strategies to reduce bias and to synthesize the best
available science. j
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NAS Study Should be Completed Before Legislators Make Further Decisions on Consumer
Sunscreen Choice
The conclusion of this NAS study—expected in 2022—will inform future decisions of
policymakers to ensure access to sunscreens while also protecting the coral reefs. Until this
study is completed, legislation like Bill 167 should be suspended as there are currently
insufficient data to inform a risk/benefit analysis between protecting the marine environment
and protecting the public's health. It is important that the Council wait for unbiased scientific
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analysis and consensus.
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FDA Advises Continued Use of Sunscreens
In addition to the lack of peer-reviewed evidence on the environmental impact of sunscreens,
the impact on human health is also still being researched. On September 24, 2021, the Food
and Drug Administration (FDA), which regulates sunscreens as over-the-counter(OTC) drugs for
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the prevention of sunburn and skin cancer, issued a final order"that concluded that, "In the
short term, these new authorities essentially preserve status quo marketing conditions for
these sunscreens" and that "most sunscreens on the market are in compliance with the
deemed final order." To be clear,the FDA's final order issued on September 24,2021, did NOT
recommend any changes to currently marketed sunscreens.
Earlier this year, the FDA also posted an article titled, "Shedding More Light on Sunscreen
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Absorption"that explained that while the FDA was seeking more information on the
absorption levels of sunscreen ingredients, including avobenzone, oxybenzone, octocrylene,
homosalate, octisalate, and octinoxate, it still advises their continued use.The FDA clearly s
stated, "Absorption does NOT equal risk—the FDA advises continued use of sunscreens" and
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noted that: ,
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"The findings in these studies do not mean that the FDA has concluded that any of the 3
ingredients tested are unsafe for use in sunscreens, nor does the FDA seeking further
information indicate such.The agency's proposed rule requested additional safety
studies to fill in the current data gaps for these ingredients.The rule also proposed that
two active ingredients (zinc oxide and titanium dioxide) are generally recognized as
safe and effective for use in sunscreens, and additional data was not requested for
them.
Given the recognized public health benefits of sunscreen use,the FDA strongly advises
all Americans to continue to use sunscreens in conjunction with other sun protective
measures (such as protective clothing) as this important rulemaking effort moves
forward."viii
Hawai'i Residents Are at Higher Risk for Skin Cancer
Some notable skin cancer and sun safety behavioral statistics include:
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• Native Hawai'ians and other Pacific Islanders suffer from double the melanoma
mortality rate than the State average'x
• Researchers have found that iust one blistering sunburn in childhood or adolescence
more than doubles a person's chance of developing melanoma later in lifer
• Hawai'i has one of the highest daily UV index averages in the nation.x' On a scale of 0— '
12, Hawai'i has over nine months of the year in very-high (8)to extremely high (11) UV
indexes, making it crucial public health issue for residents to have access multiple tools
to protect them from sun exposure
• In 2019, more than one in three Hawai'i residents surveyed reported having a sunburn
in the last 12 months, nearly double from the previous yearx" —and having just five or
more sunburns in your lifetime is known to double your risk for melanomax"'
• According to the DOH's Hawaii Health Matters dashboard,the number of adults in
Hawai'i reporting having at least one sunburn in the past 12 months has almost
doubled since 2017.x'" This data shows how stigmatizing the use of sunscreens has
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caused a decline in sun-safe behaviors—and having just five or more sunburns in your
lifetime is known to double your risk for melanoma.X"
Table 1: Adults with at least one sunburn in the last 12 months
Source: Hawaii Health Matters, D artment of Health
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The proposed legislation could significantly reduce consumer choice of and access to
sunscreen in Hawaii, where sunscreen is often used not only in the ocean, but whenever
people are outdoors doing activities such as hiking, golfing, walking, running, cycling or working
outside.This puts Hawai'i residents at greater risk for skin cancer with only limited peer-
reviewed scientific evidence on sunscreen ingredients and its impact on environmental and
human health.
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The Hawaii state law signed in July 2018 already eliminated the over-the-counter sale of the
ingredients oxybenzone and octinoxate. Bill 167 attempts to expand this ban to include the most
utilized alternative sunscreen ingredients and could potentially remove approximately 64%of the
sunscreens currently available in the United States from being sold in Hawaii.
Again, we ask that the Council hold off on passing Bill 167, or any other legislation on sunscreen
ingredients, until more data on environmental and public health impacts are available.
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Mahalo you for the opportunity to testify.
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Sincerely,
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Lynn Miyahira
Public Access to SunScreens (PASS) Coalition
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