Actually, the FDA is not proposing to categorically classify sunscreen products manufactured using nanotechnology. [Check Section VII/E here]. Anyway, ANO's zinc particle sizing can actually make a non-nano claim if required (see below an old statement about ZinClear IM), they have even greater control over particle sizing now and different specs on their new powders today so it's a total non issue.
Regardless, all of this is totally irrelevant as major regulatory bodies worldwide, including Australia, USA and Europe have all heavily scrutinsed nano zinc oxide, over years (some, decades) of testing and concluded full regulatory and safety approval.
The TGA, or Therapeutic Goods Administration concluded in their findings that dermally applied zinc oxide nanoparticles do not reach viable cells or the systemic circulation, even via diseased or damaged skin. You can find more information on their findings here: https://www.tga.gov.au/literature-r...oxide-and-zinc-oxide-nanoparticles-sunscreens
There was also a 2018 study conducted by an Australian University that also confirmed these claims: http://www.unisa.edu.au/Media-Centr...ing-on-that-sunscreen-and-ignore-toxic-claims
The European Commission was the one to most recently conclude its findings which are summarised here: http://ec.europa.eu/health/scientific_committees/opinions_layman/zinc-oxide/en/index.htm
You may also find this article from the Environmental Working Group on nanoparticles on sunscreen to answer further questions you may have: https://www.ewg.org/sunscreen/report/nanoparticles-in-sunscreen
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