California Bans ‘Reef Safe’ and Similar Sunscreen Marketing Claims Unless Products Are Free of Certain Chemical UV Filters

California retailers and sunscreen manufacturers doing business in the state should take note of a new law restricting environmental marketing claims on sunscreen products. 

On Aug. 20, Assembly Bill 1744 passed in the California State Legislature and awaits Governor Newsom’s signature. Barring any unforeseen events, the law would take effect Jan. 1, 2027.

Assembly Bill 1744 adds Section 17580.7 to the California Business and Professions Code and targets sunscreen labels and advertising that describe products as “reef safe” or similar when they still contain certain chemical UV filters associated with damage to coral reefs and marine life.

What the law prohibits

Under the new law, it’s unlawful to represent, in advertising or on the label or container of any sunscreen product sold in California, that the product is:

• “Reef safe”
• “Reef friendly”
• “Ocean safe”
• “Marine safe”
• “Ocean friendly”
• “Marine conscious”
• “Reef conscious”
• Or a similar term or phrase likely to cause a reasonable consumer to believe the product doesn’t harm marine ecosystems

That representation is prohibited unless the product contains none of the following chemical ultraviolet filters:

• Avobenzone
• Homosalate
• Octinoxate
• Octisalate
• Octocrylene
• Oxybenzone

Which products are covered

The law defines “sunscreen product” broadly to include any over-the-counter drug regulated by the U.S. Food and Drug Administration that’s intended to protect users from ultraviolet radiation, including lotions, sprays, sticks, gels and solids.

Penalties

Under existing California law, it is unlawful for any person to make untruthful, deceptive, or misleading environmental marketing claims, whether explicit or implied. False Advertising liability can result in companies being ordered to pay civil penalties and can be prosecuted as a misdemeanor. A violation of AB 1744 would be a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program.

Effective date

The bill awaits Governor Newsom’s signature. Once signed, it will likely take effect on Jan. 1, 2027.

What retailers and manufacturers should do to prepare

Companies should assess the advertising, labeling and ingredients of all sunscreen products sold in California in relation to environmental marketing claims to ensure compliance with the new California ban.

If you have questions about AB 1744’s sunscreen labeling and advertising restrictions, contact your RJO attorney, Retail Industry Trade Regulation Practice Group co-chair, Alecia Cotton (acotton@rjo.com), shareholder Emily Murphy (emurphy@rjo.com) or senior counsel Suhani Kamdar (skamdar@rjo.com).