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A sunscreen ban in Hawaii is back in the news. As far back as 2017, there were several bills in Hawaii related to sunscreens and the bleaching of coral reefs. By April of 2018, a long-standing bill banning the sale of sunscreen “beach products” that contain the actives oxybenzone and octinoxate passed with an effective date of Jan. 1, 2021. It did not impact cosmetics that claimed sun protection factor (SPF) as a secondary claim, but did impact sun care lines or strictly beach products. It appears to me that the protagonist toward the mindset position on sunscreens in the state of Hawaii is lead environmental scientist Dr. Craig Down and Senator Mike Gabbard of Hawaii. Gabbard is the father of former US Representative Tulsi Gabbard who ran for the Democratic nomination in the last US Presidential election. Senator Gabbard’s mindset of politics in Hawaii regarding sunscreens extends beyond banning a couple of UV filters and limiting it to beach products.

Now, regulators are seeking to ban sunscreens that contain UV filters. They point to evidence that oxybenzone and other ingredients “bleach” delicate coral reefs. On Nov. 5, 2021, Hawaii’s Maui County Council met to discuss Bill 135 for an ordinance to ban the sale, use or distribution of non-mineral sunscreens. “Non-mineral sunscreen” means any sunscreen that uses an active ingredient other than zinc oxide and titanium dioxide.

Simply put, the council went after all chemical sunscreen active products. On Nov. 19, 2021, this Maui County bill unanimously passed the second and final reading and was forwarded to Maui County Mayor Michael Victorino, who in turn, signed the Bill into law on Dec. 10, 2021. It became Ordinance 5306.

As I understand them, the key elements of Ordinance 5306 which takes effect on Oct. 1, 2022, are as follows:
• It references the sunscreen definition from the 2018 statewide law (SB 2571, Act 104), which is a product marketed or intended for topical use to prevent sunburn. That is, “beach products.” Sunscreen does not include products marketed or intended for use as cosmetic for the face. 

• A person must not sell, offer for sale or distribute for sale any non-mineral sunscreen without a prescription issued by a licensed healthcare provider. “Non-mineral sunscreen” means any sunscreen that uses an active ingredient other than zinc oxide and titanium dioxide.

• Any non-mineral sunscreen must not be sold, provided, or offered for use at any County facility, authorized concession, or sponsored or permitted event. It is my understanding that retailers will also be held responsible if they sell or distribute non-mineral sunscreens.

• Any non-mineral sunscreen must not be used or applied by any person, unless the sunscreen is from a prescription issued by a licensed healthcare provider. It will be interesting to see how they are going to police this point with hundreds of thousands of tourist arriving each month.

Sadly, I’ve never been to Hawaii, but I gather from the internet that Maui County consists of four islands known as, Maui, Lānaʻi, Molokaʻi Kahoʻolawe and Molokini—with the latter two being uninhabited. There are three airports on the island of Maui with another two on adjacent islands. Maui County is sparsely populated with about 170,000 permanent residents. There is a Walmart, Macy’s, Ulta Beauty and several hotel beach resorts. It is Maui’s 30 miles of beaches that draw 200,000-300,000 visitors each month. Can they be stopped from bringing and using their own non-mineral sunscreen? I wonder. Anyway, the industry needs to comply with this ordinance and keep monitoring it because I’m guessing that this ordinance will pick up steam and I would not be surprised if it eventually becomes a Hawaii statewide regulation. 

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Lambros Kromidas, MS, PhD, is global legal—regulatory affairs liaison at Shiseido Americas. Prior to joining Shiseido, he worked at Avon, Coty, Beiersdorf and RIFM. He received his PhD in toxicology from St. John’s University, New York, NY, and conducted post-doctorate research at Cornell University Medical College, Department of Physiology, New York, NY.