Legal Update: A Place in the Sun for Redheads

The regulatory landscape of sun protection and why redheads need their own consideration in sunscreen development, testing, and approval.

The Fiery Gap in Sun Protection

Sunburn remains the earliest and most frequent medical insult many red-haired people experience. Almost all of us have had a few blistering sunburns.

Dermatologists have long suspected that every blistering sunburn leaves a permanent molecular scar. Prospective data now confirm it: adolescents who rack up five peel-level burns face an 80 percent jump in lifetime melanoma risk. Even a single blistering burn in childhood nearly doubles the odds.

Redheads who express the MC1R variant accumulate ultraviolet damage far more rapidly than the general population, yet most commercial sunscreens are developed, tested, and marketed without a single redhead in the trial cohort.

A Short History of Sun Protection

Ancient Shields

Rice bran paste in Japan, zinc oxide in Egypt, and whale oil among Victorian bathers offered the first recorded attempts to scatter sunlight away from vulnerable skin.

The Industrial Era

In 1928 Franz Greiter identified PABA as a molecule that could absorb UV-B radiation. By 1962 Coppertone adopted the "Sun Protection Factor" (SPF) scale.

The Modern Bottleneck

Europe, Canada, Korea, and Japan have approved more than thirty distinct UV filters since 1990. The FDA has approved none since 1999.

How Sunscreens Work

Organic ("chemical")

Homosalate, Octocrylene - Absorb UV photons and release heat

Inorganic ("mineral")

Zinc oxide, Titanium dioxide - Scatter and reflect UV rays

Hybrid

Mineral plus chemical - Combine absorption and reflection

New generation filters such as Tinosorb S, Uvinul A Plus, and Mexoryl SX extend protection to 400 nm. None is yet available in American drugstores.

Regulatory Approaches

United States

Sunscreen is legally an over-the-counter drug; each new active molecule must meet pharmaceutical standards.

Europe

Classifies most sunscreens as cosmetics; regulators review data more rapidly under a risk-based framework.

Korea & Japan

Driven by beauty-market competition, approve filters faster while enforcing strict post-market surveillance.

The Fitzpatrick Scale—Where Redheads Fall

Very fair, translucent

Always burns, never tans

Fair

Usually burns, tans minimally

III

Light-medium

Sometimes mild burn, slowly tans

Olive / light brown

Rarely burns, tans easily

Brown

Very rarely burns, dark tan

Dark brown / black

Almost never burns, deeply pigmented

Why the Scale is Not Sufficient for Redheads

• Ignores Pheomelanin as distinct from Eumelanin

• No gradation within Type I - all redheads get the same score

• Chemical behavior is not captured (inflammatory reactivity, stinging)

• Regulatory testing often stops at Type III

Current Legislative Landscape

SAFE Sunscreen Standards Act (H.R. 3686)

Filed June 3, 2025 by Representatives Joyce (PA), Dingell (MI), Joyce (OH), and Ross (NC)

• 5M Americans treated annually

• $8.1B healthcare costs

• 200K+ new melanoma cases (2024)

• 8,290 expected deaths (2024)

Real-World Evidence Mandate

Section 3 directs FDA to accept observational studies, patient-reported outcomes, and digitally signed sunscreen diaries as valid evidence.

The Ginger Science UV Filter Study

Study Aims

• Compare texture, finish, reactivity across six sunscreens

• Document real-world context of use

• Build open, machine-readable ingredient dataset

• Elevate MC1R voices in decision-making

Product Cohort

• Two Korean hybrid sunscreens

• One Japanese water-gel sunscreen

• One Canadian broad-spectrum lotion

• One EU-US SPF 100 formulation

• One EU premium ultralight mineral

Claiming Our Place in the Sun

Redheads have navigated inadequate sunscreens and incomplete guidance for generations. By testing modern filters, capturing structured real-world evidence, and sharing results openly, the Ginger Science Project ensures that future labels, formulations, and regulations recognize the unique physiology of MC1R skin.

Let's claim our place in the sun!

Ginger Science