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How to Legally Label your Sunscreen and Cosmetics
It’s no big secret that Australians are famously sun‑soaked and SPF‑obsessed.
We love chic tubes with names like Queen Screen, Nifty Fifty, or Collagen Glow. But behind the scenes, serums, and marketing swagger is a quiet army of regulations ensuring that what looks luxurious on a shelf is actually safe, lawfully made, and legally promoted. Here we take a peek at sone of the rules and see how we can assist you to get it right.
At DesignWise Legal, powered by Sharon Givoni Consulting, we help you legally label your products so that you know you can put them on shelves without anything coming back to bite.
From Creative Idea to Legal Reality
Developing a sunscreen or SPF cosmetic starts long before you design the packaging or secure an influencer deal. From trade marks and domain names to formulation approval and label design, we can tell you as lawyers that legal considerations underpin every stage.
Credit: Roberta Sant Anna (unsplash)
Brand and Domain Name Essentials
Your brand’s name is the front line of its identity — and often the first legal risk.
A domain name registration doesn’t automatically give you exclusive rights. Only a registered trade mark can stop others from using a similar name. Before launching your brand, it’s critical to make sure your name, logo, and online assets are legally clear and protected. A quick search on IP Australia’s Trade Marks Online Search System might seem simple, but this process can be surprisingly complex — and missing something could create serious legal headaches later. At DesignWise Legal, powered by Sharon Givoni Consulting, we help you get it right the first time:
- Checking for existing trade marks and similar brands that could block your use.
- Getting the right classes .
Navigating brand protection isn’t just a checkbox — it’s a legal strategy.
Sunscreen vs Cosmetic Products
Not every lotion with SPF counts as a “sunscreen” under Australian law.
The line between cosmetic and therapeutic good determines how your product is evaluated, labelled, and sold.
Where It Gets Complicated
Not all sunscreens fall under the same legal rules in Australia, and that’s where things start to get tricky.
Regulations can depend on the product’s main purpose, SPF level, ingredients, and packaging size. For example, a daily tinted moisturiser with SPF may sit under different laws than a high‑performance beach sunscreen — even if both claim similar protection levels.
Because these rules overlap across several agencies (TGA, AICIS and ACCC), the classification process can be confusing. Small differences in wording or marketing claims can completely change which set of laws apply — and what approvals are needed before sale.
If you’re not sure where your product fits, it’s worth getting tailored legal guidance before finalising your packaging or making SPF‑related claims. We help you work out what category they fall into and what compliance steps come next. The idea is that you can launch confidently and stay on the right side of the law.
Credit: Maria Lupan (unsplash)
Labelling and Composition Rules
In Australia, several laws and standards work together to shape how sunscreens (and cosmetic products containing SPF) must be made, labelled, and marketed. While the exact framework can vary depending on the product type, the main takeaway is that clear, accurate and compliant labelling isn’t optional — it’s a regulatory requirement.
Here are some of the key laws and standards that often come into play:
- Therapeutic Goods Act 1989 (Cth) and related TGA Orders: These set out the national rules for sunscreens considered “therapeutic goods”, including performance standards, labelling layouts and ingredient approvals .
- Australian Sunscreen Standard (AS/NZS 2604:2021): Adopted in 2024, this standard mandates how to measure, test and display SPF and broad‑spectrum protection claims .
- Cosmetics Ingredients Labelling Mandatory Standard 2024: Administered by the ACCC, it requires all ingredients to be listed on retail packaging and online descriptions to support transparency and consumer safety .
- Industrial Chemicals Act 2019: Overseen by AICIS, this law covers products containing active or restricted ingredients, requiring registration and risk assessment for chemicals used in cosmetics and skincare lines .
Because these obligations can overlap, sunscreen manufacturers and importers often need to interpret several laws at once.
Australia has some of the world’s strictest laws around sunscreens, and right now, regulators are paying close attention.
Mislabelled SPF claims, missing ingredient information, or products tested in unapproved labs can quickly lead to recalls, fines or investigations. Under the Therapeutic Goods Act 1989 (Cth) and the Australian Consumer Law, both individuals and companies can face hefty penalties — reaching up to millions of dollars for false or misleading claims. In short, sunscreen labelling and testing are under more scrutiny than ever, and brands are being urged to review their compliance before going to market.
“Green” Claims eg reef‑friendly
Here’s where many brands can also trip up.
Australia’s regulators — the TGA and ACCC — view exaggerated or unverified SPF claims as serious consumer breaches.
Case in point: in 2025, the ACCC filed Federal Court proceedings against the owners of Banana Boat, for falsely claiming their sunscreens were “reef‑friendly” and “chemical‑free” when they still contained reef‑harmful filters .
Phrases such as ‘natural,” “safe,” “reef-friendly,” and even certain images require scientific substantiation. Fines can reach $10 million for companies.
Real Cases – what went wrong?
This past year – 2025 proved how costly non‑compliance can be:
- Nationwide Recalls after CHOICE independent testing found 16 brands with fake SPF values .
- TGA Investigations into testing labs and importers for sub‑standard validation .
- Reputational Damage: Consumer trust plummeted for brands previously considered safe leaders.
Legal reviews are now a standard part of formulation development — and smart brands treat them as insurance.
How Sharon Givoni Consulting Assists
Our team helps beauty and wellness brands turn creative vision into market‑ready compliance.
- Regulatory Compliance Audits – We assess every stage of your SPF or cosmetic product against TGA, AICIS and ACCC requirements.
- Brand and Trade Mark Protection – We secure your names, logos and domain rights so your brand identity is legally yours.
- Labelling and Advertising Reviews – We audit and draft pack copy to meet font, layout and substantiation rules.
We think that the best brand stories should start with something beautiful but also end with something bulletproof.
FAQs
1. Do I need TGA approval for my moisturiser that has SPF 15?
It will partly depend on whether it is a “therapeutic good” under the Therapeutic Goods Act.
2. What’s the difference between AICIS and TGA approval?
AICIS covers industrial chemical introductions for cosmetics; the TGA regulates therapeutic goods like high‑SPF sunscreens. Some products require both.
3. Can I register a domain that contains a competitor’s name?
No. It can breach trade mark and consumer laws. Always check first.
4. How big does the SPF font have to be?
Mandatory information like SPF must be clearly visible and this means certain specific requirements depending on the product and size.
5. Can you help with cosmetic brands too?
Yes — we advise on cosmetics, skincare and wellness products - some can blur into therapeutic goods classification.
Further Reading:
ACCC falise or misldaing claims – False or misleading claims | ACCC
ACCC takes legal action against Banana Boat owner over ‘reef friendly’ claims
We tested the SPF claims of 20 sunscreens. 16 failed | CHOICE
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.