Friends of Earth has launched ACCC complaints accusing two Australian companies – Antaria Limited and Ross Cosmetics of misleading and deceptive conduct for marketing nano sunscreen ingredients as ‘non-nano’ and ‘nanoparticle-free’. Some of Australia’s biggest sunscreen brands are affected, including products such as Cancer Council ‘Classic’, Invisible Zinc ‘Junior’ and ‘Body’ sunscreens, Coles ‘Sports’ and Woolworths ‘Clear Zinc’. The complaint against Antaria is being supported by range of groups including the Public Health Association, the Australian Education Union and the Australian Council of Trade Unions. One company Mukti has recalled its affected product in response to the revelations.
Dr Gregory Crocetti from Friends of the Earth’s Nanotechnology Project says “Consumers are understandably concerned about the potential health risks of untested nano-ingredients in sunscreens. This is why many companies have chosen to market their sunscreens as nano-free. This scandal creates a crisis in consumer confidence, with even Australia’s most trusted brand - the Cancer Council - not knowing what is in their products.”
Mary Bluett, President of the Australian Education Union (Victorian Branch) says "There is growing evidence and there are growing concerns that nano-ingredients used in sunscreens present new health and safety challenges. Based on these concerns, AEU recommended that schools and workplaces use only nano-free sunscreens. It is deeply disturbing that companies have misrepresented the contents of their products in this way."
Michael Moore, Chief Executive Officer of the Public Health Association of Australia says "There is increasing evidence that nanotechnology potentially poses significant health, safety and environmental hazards. The Federal Government urgently needs to develop a regulatory framework to address health and safety concerns and provide informed choice."
Research by the National Measurement Institute (NMI) released earlier this year showed that a number of Australian sunscreen products that used ingredients supplied by Antaria and Ross contained nanomaterials. Importantly, the independent tests by NMI were much more rigorous than the laser light scattering measuring techniques used by the companies — which do not differentiate between bulk particles and agglomerates and aggregates (clumps) of nanoparticles (described as nanomaterials under both Australian and international definitions). Closer investigation of product information and patents by Friends of the Earth has now substantiated these results.*
“Alarmingly little research has been conducted into the health risks associated with nano-ingredients in sunscreen. However there are growing health concerns among scientists and skin specialists, including fears that nano-ingredients in sunscreens could lead to cancer,” Dr Crocetti says.
“Dermatologists and toxicologists have made public warnings that people with damaged skin, young children, and people who use sunscreens very regularly are at greater risk of exposure to nanomaterials and should avoid using nano-sunscreens. It is deeply concerning that people trying to avoid nano-ingredients have been misled in this way.
“It is fantastic that Mukti has done the right thing to protect consumers by recalling its affected product.
“If this scandal causes greater public concern around the safety of sunscreens, it is due to the Federal Government’s failure to regulate the use of nano-ingredients in sunscreen. If the Government had made the testing and labelling of nano-ingredients compulsory for companies we would never be in this mess.
“Europe and New Zealand are moving towards the regulation of nano-ingredients in sunscreens and Australia should do the same,” Dr Crocetti concludes.
Dr. Gregory Crocetti, FoE Nanotechnology Project media spokesperson: 0403 733 628
Louise Sales, FoE Nanotechnology Project co-ordinator: 0435 589 579
* Friends of the Earth commissioned an expert opinion from the National Measurement Institute (NMI) regarding Antaria’s ZinClear IM product, which concludes:
It is the opinion of the National Measurement Institute (NMI) that the “mesoporous zinc oxide powder” described in Patent US 2010/0310871 A1 is a “nanomaterial” according to International Organisation for Standardisation (ISO) technical specifications and an “industrial nanomaterial” as defined in the Australian Government National Industrial Chemicals Notification and Assessment Scheme (“NICNAS”) document “Guidance on new chemical requirements for Notification of Industrial Nanomaterials.”
The product guide for the Zinc Oxide Neutral product used by Ross Cosmetics describes it agglomerates of nanoparticles.
NOTES TO EDITORS:
- Research from the National Measurement Institute has revealed 4 sunscreen brands listed as “nano-free” in Friends of the Earth’s Safe Sunscreen Guide actually contain nano-ingredients. The only product tested that turned out to be nano-free is Banana Boat (Sports). We now know many of the brands listed as non-nano contain nano-ingredients but to determine which are nano-free would require further costly testing.
- European regulation of sunscreens will come into effect in July 2013, requiring mandatory nano-specific risk assessments and labelling of nano-ingredients. New Zealand will require labelling on nano-ingredients in sunscreens from 2015.
- A survey by The Australia Institute last year found that 92% of Australians believe sunscreen manufacturers should be required to conduct safety testing on nano-ingredients before using them in products and 85% want nano-ingredients in sunscreen to be labelled.
- Friends of the Earth refutes Ross Cosmetics' claims that the Zinc Oxide Neutral ingredient it uses does not contain nanoparticles under International definitions. The product is comprised of agglomerates - or clumps - of nanoparticles.
a) Letter to Friends of the Earth
O conteúdo do texto traz o que segue:
"11 july 2012
Dear Mr Crocetti
We refer to your correspondence date 21 May 2012 and 6 July 2012 and our telephone conversations and comments as follows:
1. We reject the assertions made in your correspondence which allege that we mislead the public regarding ZinClear IM.
2. In particular, we confirm that the zinc oxide in ZinClear-IM dispersion is of non-Nano particle size. This is based on measurements of the diameter of the particle using internationally accepted methods.
3. As you would know, the Australian Therapeutic Goods Administration as well as other international regulators, such as the United States Food and Drug Administration, have repeatedly confirmed that zinc oxides such as ZinClear IM are safe for use in sunscreens.
4. It is impossible for us to comment on the nature of or composition of third-party end-product sunscreen formulations of which ZinClear IM is only one ingredient.
5. We deny liability for any loss claimed to have been suffered by Friends of the Earth Australia ("FOE") as a result of actions taken by FOE and others for which we are not responsible.
6. We have repeatedly offered to meet with you and members of FOE personally in order to understand and discuss your concerns, but you have not taken up our offers.
b) Response to Allegations Made by Friends of the Earth
O conteúdo do texto traz o que segue:
"RESPONSE TO ALLEGATIONS MADE BY FRIENDS OF THE EARTH (“FOE”)
Friends of the Earth (“FOE”) have made a number of allegations regarding ZinClear-IM in correspondence to Antaria Limited (“Antaria”) and subsequently through various media outlets.
These allegations centre on whether ZinClear-IM is safe for use in sunscreens and whether Antaria misled the public in this respect.
Antaria addressed the allegations made by FOE in a letter to FOE dated 11 July 2012. A copy of the letter is enclosed with the ASX Release.
Reference is made to paragraph 3 of the letter which states that the Australian Therapeutic Goods Administration as well as other international regulators, such as the United States Food and Drug Administration, have repeatedly confirmed that zinc oxides such as ZinClear-IM are safe for use in sunscreens.
For further information please contact:
Rade Dudurovic John Young
Antaria Limited Antaria Limited
T: +61 (0)438 333 888 T: +61 (0)417 220 655
E: email@example.com E: firstname.lastname@example.org
Antaria Limited is a specialist developer of advanced intermediate materials used by the industrial, chemical and cosmetic sector.
ZinClear-IM is Antaria’s flagship product and is an innovative range of transparent zinc oxide dispersions for use in a wide variety of suncare, skincare and cosmetic products. ZinClear-IM offers a safe and effective mineral alternative to chemical UV absorbers.Based in Perth, Western Australia, Antaria services the international market via a global network of product distributors."