I 
111TH CONGRESS 
1ST SESSION H. R. 2088 
To require the Food and Drug Administration to finalize a standard for 
broad-spectrum protection in sunscreen products, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2009 
Mrs. LOWEY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require the Food and Drug Administration to finalize 
a standard for broad-spectrum protection in sunscreen 
products, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Skin Cancer Preven-
tion, Education, and Consumer Right-To-Know Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Skin cancer is a growing epidemic in the 
United States with more than 1,000,000 new cases 
diagnosed each year. 
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(2) About 10,000 Americans die each year from 
skin cancer. 
(3) The most deadly form of skin cancer, mela-
noma, has tripled among Caucasians since 1980. 
(4) One in five Americans and one in three 
Caucasians will develop skin cancer in the course of 
a lifetime. 
(5) A person’s risk for skin cancer doubles if he 
or she has had five or more sunburns. 
(6) More than 90 percent of all skin cancers are 
caused by sun exposure, yet fewer than 33 percent 
of adults, adolescents, and children routinely use sun 
protection. 
(7) Most skin cancer is caused by prolonged ex-
posure to the ultraviolet rays from the sun. This in-
visible radiation is classified as UVA radiation and 
UVB radiation. 
(8) UVB radiation is the chief cause of sunburn 
and skin cancer. 
(9) UVA radiation is more constant, year- 
round, and penetrates the skin more deeply, causing 
both premature aging and skin cancer. 
(10) Current United States sunscreen stand-
ards set by the Food and Drug Administration 
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(FDA) require protection from UVB radiation but 
not UVA radiation. 
(11) The current United States sunscreen 
standards provide a false sense of security to Ameri-
cans, since their sunscreen is protecting successfully 
against sunburn, but not adequately against other 
forms of skin damage, including skin cancers. Con-
sumers may wrongly believe that their sunscreen is 
sufficiently protecting them and therefore stay in the 
sun longer. 
SEC. 3. EFFECTIVE DATE FOR RULE RELATING TO SUN-
SCREEN DRUG PRODUCTS FOR OVER-THE- 
COUNTER HUMAN USE. 
Notwithstanding subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known 
as the ‘‘Administrative Procedure Act’’) and any other 
provision of law, the proposed rule issued by the Commis-
sioner of Food and Drugs entitled ‘‘Sunscreen Drug Prod-
ucts for Over-the-Counter Human Use; Proposed Amend-
ment of Final Monograph’’, 72 Fed. Reg. 49070 (August 
27, 2007), shall take effect on the date that is 180 days 
after the date of enactment of this Act, unless such Com-
missioner issues the final rule, which includes formulation, 
labeling, and testing requirements for both ultraviolet B 
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(UVB) and ultraviolet A (UVA) radiation protection, be-
fore such effective date. 
SEC. 4. EDUCATION. 
(a) EDUCATION.—The Secretary of Health and 
Human Services shall implement a general, nationwide 
education campaign identifying the risks posed by sun ex-
posure without the use of a sunscreen providing broad- 
spectrum protection. 
(b) CONTENTS.—The education campaign under this 
section shall be designed to increase the level of knowledge 
and awareness among the general public of the causes of 
skin cancer, the risks posed by unprotected sun exposure, 
the respective roles of ultraviolet B (UVB) and ultraviolet 
A (UVA) radiation in the development of skin cancer, the 
effective application of sunscreen, and the promulgation 
under section 3 of the standard requiring broad-spectrum 
protection in sunscreen products. 
(c) DURATION.—The education campaign under this 
section shall be implemented for not less than one year. 
Æ 
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